1404 

^"^^ SPEECH 

spy 2 



OP 



TTjovwi^ \^iirir 



OF MISSOURI, 



Btlftitttli in ti|^ %tmit of m WMXt'n St»U^, 



(IN SECRET SESSION,) 



ox TBS 



MISSION TO FANAMA, 



jMARCH 13, 1826. 



WASHINGTON : 

1826. 



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A 



/y? 



XNTRODUCTZON. 



|Cr» The following note was received from Mr. Benton, with a 
request to prefix it, with the articles of the treaty referred to, to his 
speech on the Panama Mission: 

Note.— The treaties between the Spanish American States, which provided 
for an assembly of Plenipotentiaries at Panama, were drawn up in the Spanish 
language, and communicated to the Senate in English translations, without ori- 
ginals. Upon reading these translations, 1 believed them to be loose and inaccu- 
rate, and expressed that belief to the Senate; and, eventually, this belief became 
so strong, that 1 determined to ascertain the fact. For this purpose I addressed 
a note to Don Jose Maria Salazar, the Colombian Minister, then at New-York, 
and requested a copy of one of the treaties in their original language. The return 
mail brought me his very polite answer, and a copy of the treaty between Co- 
lombia and Guatemala. Tlie possession of this enabled me to discover errors ia 
the translations, far more material to the character and powers of the assembly, 
than I had before supposed ; and, to expose these, and do justice to truth, I shall 
here annex, in parallel columns, the five essential articles of this treaty — those 
which create this assembly, define its character, and prescribe its duties — putting 
the original in the first column, the literal translation in the second, and the 
translation sent to the Senate in the third. It is to be noted that I received thig 
original copy after 1 had spoken in the Senate ; of course I cannot avail myself, in 
the body of my speech, of the new advantages of fact and argument which this 
paper has put within my power : but I shall have recourse to notes, in the proper 
places, to throw in the facts and conclusions which I have derived from that 
source. 

JV. B. The five articles which create the assembly, define its character, 
and presa'ibe its duties, are the same in every treaty ; and the variances seen in 
the translations sent to the Senate, are the mere effect of loose and slovenly 
translalation. 

JVashington, March 30. 

Original, 

Anx. 15. Para estrechar 
mas los vinculos que de- 
ben unir en lo venidero 
ambos estados, allanar cu 
alquiera dificultad que 
pueda presentarse o inter- 
rumpir de algun modo su 
buena correspondencia y 
armonia, se formara una 
asamblea* compuesta de 
dos plenipotenciarios por 



Literal Translation. 

AiiT. 15. In order to 
draw closer the chains 
which ought to unite 
both States in future, 
to remove any difficulty 
which may present itself, 
or interrupt in any way 
their good correspond 
ence and harmony, an a$- 
sembly shall be formed, 
composed of two pleni- 



Translation sent to the 
Senate, 

Art. 15. To «ement the 
bonds of future union be- 
tween the two States, and 
remove every difficulty 
that may occur to inter- 
rupt their good corres- 
pondence and harmony, 
tliere shall be formed a 
Coiiffrsss, composed of 
two Plenipotentiaries from 



• Asamblea, — This word, in tlie translation sent to the Senate, is rendered " Congress," wliieli is in- 
correct, and leads to an idea essentially erroneous upon the character of the bo<ly. The word " Congress^' 
in Spanish fo/i^rero, is a dipioinatic term, known to llie law of nations ; and signifying a mi eting of 
l'leni2)0ienti;iries, for the purpose of treating for peace. The term asamblea, signifies Oisetnbly^ httS DO 
ttiplcDiauc sense, and may be applied to a meeting of any kind, (vr liusioess or pleasure. 



cada parte eft los mismos 
terminos y con las mismas 
formalidades que en con- 
formidad delos usos esta- 
blecidos deben observarse 
para el nombramiento de 
los minlstros de igual elase 
en otras naciones. 

Art. 16. Ambas partes 
ge obligan a interponer sus 
buenos oficios con los go- 
biernos de los demas esta- 
dbs de la America antes 
cspanola para eiitrar en 
este pacto de union, liga 
y confederacion perpetua. 

Aht. 17 Lueg-o que se 
hayaconseguido este gran- 
de e importante objeto se 
Tcunira una fsamblea jene- 
xal* delos estados Ameri- 
canos compuesta de susf 
j)lenipotencir.rios con el 
encarg^o de cimentar de 
un modo mas solido y es- 
table las rclaciones inti- 
mas que deben cxistir 
cntre todas y cada uno de 
ellos y que lest sirve de 
consejo en los grandes 
conflictos, de punto de 
contactQ en los peligros 
comunes, de fiel interpre- 
te de sus*i tratados publi- 
cos cuando ocvu-ran difi- 
cultades, y de juezU arbi- 
tTQ y conciliador en sus 
disputas y diferencias. 

Anx. 18, Este pacto de 
union, liga y confedera- 
cion, no inteiiimpira de 
mancra alguna el ejercio 
de la soberania nacional de 
cada una de las partes 
contratantes, asi per lo 
que mira a sus leyes y al 



potentlaries for each par- 
ty, in the same terms, and 
With the same formalities 
which, in conformity with 
established usages, ought 
to be observed for the no- 
mination of ministers of 
equal rank among other 
nations. 

Art. 16. Both parties 
oblige themselves to in- 
terpose their good offices 
widi the Governments of 
the other States of Ame- 
rica, formerly Spanish, to 
enter into this compact of 
union, league, and perpe- 
tual confederation. 

Art. 17. As soon as this 
great and important ob 
ject may be obtained, a 
geiieral assembly of the 
American States, compo- 
sed of their plenipotenti- 
aries, shall convene, for 
the purpose of cementing, 
in a manner more solid 
and durable, the intimate 
relations which ought to 
exist between each and 
every one of them, and 
which may serve them for 
a council in great conflicts, 
for a point of union in 
common dangers, for a 
faithful interpreter o? their 
public treaties when diffi- 
culties occur, and for 
judge-arbitrator, and con- 
ciliator, in their disputes 
i^pd differences. 

Aht. 18. This compact 
of union, league and con 
federation, shall not inter 
rupt in any manner the 
national sovereignty of 
either of the contracting 
parties, as well as in what 
concerns their laws, and 



each contracting party, 
who shall be appointed 
with the same formalities 
PS are required by esta- 
blished usages in the com- 
mission of ministers of 
equal character among o- 
ther nations. 

Art. 16. The contract- 
ing parties oblige them- 
selves to interpose their 
good offices with the o- 
ther ci-devant Spanish 
States of America, to in- 
duce them to unite in this 
compact of perpetual u- 
nion, league and confede- 
ration. 

Art. 17. As soon 
as this great and im- 
portant object shall be 
accompUshed, a general 
Congress shall be assem- 
bled, composed of Pleni- 
potentiaries from the A- 
merican States, for the 
purpose of establishingion 
a more solid basis, the in- 
timate relations which 
should exist betwen them 
all, individually and col- 
lectively, and that it may 
serve as a council in great 
events, as a point of union 
and common danger, as a 
faithful interpreter of pub- 
lic treaties when difficul- 
ties may arise, and as an 
arbitrator and conciliator 
in their disputes and dif- 
ferences. 

Aht. 18, This compact 
of union, league and con- 
federation, shall not affect, 
in any manner, the exer- 
cise of the national sover- 
eignty of the contracting 
parties, in regard to their 
laws and the establish- 



' Asmnbleajcrierol. — These words in tlie same ti"i»nslation are rendered general fen^rcw, and are 
wscntially erroneous, as !>!iewii above. 

+ Suj.— Tliis possessive proiiovin is not translated at all in the version sent to the Senate. Its omission 
is lnclil>' material ; for it is, in this place, a « o.-d of limitation and ivstriction. It signifies their. Pi-e- 
"fixeS to'plenlpolentiaijts, as it is done in the true translation, and its effect is immediately perceived. 

X L«.— Not translated. It is a small word, but a master one in this place. It tells for whom this 
roiincil is to act. It limits and confines it to them, the Spanish American States who join the confedc- 
Tatinn. 

§ Sus.—K second lime not traiislated in the copy sent to the Senate. 

11 Jttcz.— 'Sal translated. It signifies Jxiilgc, and combines with the word arhitro. The latter alone is 
Translat«'d,,«nd rendered arbitrator. The phrase Jiicz nrbitro, in Spanish, and J'i/,'e arbifre, in French, 
IS common to those two languages, and well known as a law term, inipoiting judicial character. It ma; 
Ibe rendered| in t.RSl^%li,judge-arbiCrator. 



estableclmiento y forma 
de sus respectivos gobier- 
nos, como por lo que hace 
a sus relaciones co las de- 
mas naciones estranjeras.* 

Aut. 19. Siendo el Ist- 
mos de Panama una parte 
integrante de Colombia y 
el mas adecuado para a- 
quella agusta reunion, es- 
ta Republica se compro- 
Hiete gustosa.mente a pres- 
tar a los plenipotenciarios 
que compongan la assam- 
blea de los estados Ame- 
ricanos todos los auxilios 
que demanda la hospitedi- 
tad entre pueblos herma- 
nosf y el caracter sagra- 
do e inviolable de sus per- 
sonas. 



the establishment and 
form of their respective 
Governments, as in what 
affects their relations with 
o\h&v foreign nations. 

AnT. 19. The Isth- 
mus of Panama being an 
integral part of Colombia, 
and the most suitable for 
that august assejriblage, 
this Republic, with plea- 
sure, obliges itself to ex- 
tend to the plenipotentia 
ries which may compose 
the assembly of the Ame- 
rican States, all the aids 
which hospitality among 
brotherly people, and the 
sacred and inviolable cha- 
racter of their persoirs 
demands. 



mcnl and form of their re- 
spective Govenmicnts,nor 
in regard to their relations 
with other nations. 



Anr. 19. As the Isth- 
mus of Panama is an inte- 
gral part of Colombia, and 
the point best suited for 
this august assembly, tliis 
Republic freely engages 
to afford to the Plenipo- 
tentiaries of the American 
States composing it, all 
the atentions which arc 
required by hospitality a- 
mong sister States, and 
by the sacred and inviola- 
ble character of their per- 
sons. 



* Estranjeras.— liot translated. It A^mfKsJ'urc'ign, and qualilics tlm iionu navioncs—waUuiK. 

t Pueblos fiermanos.—Jivoihetiy people— rendered, sister states, in the translutioii sent to the Senate. 

Note. — The word congreso never occurs once in the treaties ; it is always, 
asamblea. To those who know an}' thing of the punctiliousness of the Spanish 
character, the reason will be apparent : the treaties had used the term plenipo- 
tentiaries, which is diplomatic ; but the plenipotentiaries v/ere to convene for a 
purpose not diplomatic, and hence the regular use of the word assemblij. 

The word costgreso has two meanings in Spanish, — 1. Junta de nmclios ir.i- 
•nistrospara tratar y ajustar las paces entre principes, orepnblicos. — 2. Ayvntami- 
ento dehombre y muger. — In French it has the same two meaRings: — CoNonKs : 
1. Assemble de ministres potir trailer de la paix. — 2. Epreiive de la pclssaiice on im- 
puissance des gens maries. — Now, as the assembly at Panam.a was intended for 
neither of these purposes, the use of a term which might have raised a false im- 
plication to that effect, was carefully avoided. 



)#ffflj 



Mk. BENTON, of Missouri, addressed the Senate as Tollows : 

Mr. President : I had not expected to speak in this debate; and 
if I had spoken among- the first it would have been on a different 
side from that on which I now appear. Before I had examined this 
question, I was willing to have voted for this Missiuji, such as I sav/ 
it represented to be in the President's message, and in t!ie publica- 
tions of the day. But time and reflection have done their office. Th" 
report of our Committee on Foreign Relations, when read at the Sec- 
retary's table, set me a thinking, and the subsequent study of tlie 
refiort, and of the treaties which create this Congress, have wrouerht 



a decided change in my mind. I am now ready to vote against the 
Mission, but do not wish to vote upon the Resolution reported by 
the Committee, because a vote upon that will not express my exact 
opinion, and because it contains a word, strictly correct, I admit, but 
calculated to lead undisciplined minds, in this age of loose talking, 
to an erroneous and false conclusion. Thus, I am laid under a sort 
of necessity to submit an amendment. The submitting of this, lays 
me under an absolute necessity of exposing my reasons fordoing 
SO; and the exposition of these reasons, presents me as a speaker 
in a case in which I had expected to act no other part than that of 
a juror in his box. But the Senate need not to be alarmed. I do 
not premeditate a speech of formal parts against them ; for it is no 
time now for exordium and peroration. In this last hour of a long 
debate, nothing can be tolerated but a straight forward argument of 
facts and conclusions, reasons and authorities. The politeness even 
of this Senate, can endure no more; and, with this^ conception 
of my duty, I proceed immediately to the discharge of it. 

The Senate is called upon, as tlie Constitutional adviser of the 
President, to give its opinion to him upon his proposition to send 
Ministers to the Congress of the Spanish American States assembled 
upon the Isthmus of Panama. 

The circumstances out of which this proposition has grown, as 
disclosed to us in the President's communications, are these : A 
conditional invitation to send representatives to this Congress was 
made to this Government last spring, and conditionally accepted by 
it. The Ministers of Colombia and Mexico, two out of the five pow- 
ers which compose the Congress, made known to our Secretary of 
State, in an unofficial conversation, the wishes of their governments 
that the United Slates should be represented in that assembly of the 
States of the two Americas; and the President, upon receiving the 
Secretary's report, expressed his willingness to send the represen- 
tatives requested, upon condition of receiving satisfactory informa- 
tion upon four preliminary points which he designated. This might 
be in the months of April or May last, for they are both Spring 
months, and the time is not otherwise indicated than by a reference 
to tlie season. The Summer then passed away, and the Autumn 
also, without hearing more upon this subject; but the commence- 
ment of Winter, the month of November, brought up the Ministers 
again, reinforced by the Envoy from Guatemala, with an invitation, 
in form, to send the representatives which had been conditionally 
invited in the Spring, and without having complied with the con- 
ditions stipulated for by the President. This took place on the 2d, 
Sd.aiid 14th of November; and, on the 30th of the same month, six 
days before the meeting of the Senate, the President accepted, un- 
conditionally, the invitation which he had accepted on condition in 
the month of April or May preceding, and without a compliance 
with his own stipulated terms, or an excuse for the non-compliance 
with them. The annual message of tiie 6th of December, made 
I<nown to the two Mouses of Congress the fact of the invitation, of 
the acceptance, and of the President's intention to commission and 
send forth the Ministers. The annunciation of this design arrested 
the public atietition, set people to thinking and to talking, and in the 



same identical time in which a thousand heads were at work to 
ihake " reconciliation and peace" between this declared intention of 
the President on one hand, and the Constitution of his country on the 
other, another message was received by the Senate in secret sitting, 
in which the President directly and unequivocally asserted his 
*' Constitutional comf)etency," to institute the mission, without the 
advice and consent of this body. 

The further declaration in the same liiessage, that he had not 
*' thought firofier" to take any step in this business, without ascer- 
taing the Senate's opinion of its " expediency " expressed upon the 
<' nominations^'* contains no qualification of the asserted right ; and 
to suppose that the Senate would not take the distinction between 
the assertion of a right, and the effect of a condescending temper, 
would be to suppose them intellectually incompetent to pass judg- 
ment upon that claim to ^^constitutional competency " which the 
President had so openly and boldly set up. The message^ thus com- 
municated, has given rise in this Chamber, to two resolutions ; the 
one submitted by the Senator from North Carolina, (Mr. Branch,) 
the other being the one reported by our Committee on Foreign Re- 
lations. These two resolutions confront the double aspect which 
the message wears. The first is not at this time before us; the. 
second is ; and to the consideration of this resolution I will now 
proceed. 

(Here Mr. B. took up the resolution and read it.) 

*' Retolved, That it is not expedient at this time," for the United States to send 
any "Ministers to the Congress of American Nations, assembled at Panama." 

To the terms of this resolution I have two objections; Jirst, to the 
words "a/ this time" which seem to imply, that it may be expe- 
dient to send Representatives to this Congress at some f'uture time^ 
but without indicating when, or upon what contingency. I think it 
probable that the committee and myself are of accord in the belief 
that this time, and contingency, will never arrive ; but, as the con- 
trary is possible, I prefer to make that certain which they have left 
to implication, and to specify the conditions on which I might here- 
after give my advice and consent to the institution of the mission. 

The second objection is to the adjective " any" preceding the word 
" ministers" It is a small objection, and apparently not worth taking, 
and if the resolution was to be read by none but those who drew it, 
and those who now hear me, I should not take it. But the reading 
of it will not be confined to such as these. It will spread through 
the two Americas, and fall under the eyes of many who will not un- 
derstand the difference between ministers and commissioners, and 
who may suppose that the committee, and those who support theii' 
resolution, have set their faces against sending any description of 
agents to the Congress *at Panama. This is not the fact, and to 
prevent an erroneous conclusion from being drawn by those who are 
Tiot accurate in the use of language, I have thought it best to object 
in the use of this little adjective " any," and to drop it in the propo- 
sition of amendment, which I now submit. 
The Amendment. 

Jttsolved, That the Senate cannot advise that it is expedient for the Govern- 
Jneat of the United ^ates to send Ministers to the Congress of American Statas 



8 

at i'anaraa, before it shall have received satisfactory information upon the follow- 
ing points : First, Tlie subjects to which the attention of the Congress will be 
directed. Secondly, The substance and the form of the powers to be given to 
tiie respective Representatives. Tldvdly, The mode of organizaing the Con- 
greiw. Fuurthly, The mode of action in deciding the questions which may be 
sul)niitted to it. 

The terms of this amendment, Mr. President, pre-suppose tbe 
fact, that the Senate is without satisfactory information upon the 
points indicated ; and this pre-supposition I hold it to be true. For 
the establishmeut of this truth, I refer to the President's Message, 
the letters of the Secretary of State; those of the Ministers from 
Colombia, Mexico, and Guatemala; aud the speeches of all the 
gentlemen who have spoken in this debate. All these differ among 
themselvss, more or less, upon every essential attribute of the Pana- 
ma Congress, and upon every leading point in the character and 
duties of our proposed ministers to it. The character of the Con- 
gress itself, whether diplomatic, legislative, judicial, or merely " ad- 
visory ;" the character of the representatives to it, whether Minis- 
ters, Deputies or Judges ; the subjects upon which they are to de- 
liberate; the mode of acting, whether as a council merely, a con- 
gress of deputies, or an assembly of diplomatic ministers; all are 
fruitful sources of inconsiistenl and contradictory opinions, running 
foul of each other, and differing more or less from the treaties which 
wouid govern and control all. The report of the Committee points 
out many of these differences; the labor of gentlemen who haveprece- 
■<ied me, have detected many others ; and enough yet remain for my 
enumeration to exhaust your patience in listening and my strength 
in detailing. The task will not be undertaken, but a few of the 
most glaring and prominent differences, omitted by others, will be 
seized upon and presented by me. First, upon the character of the 
Congress. The President treats it as a diplomatic assembly for the 
negotiation of treaties in the ordinary form ; the Colombian Minis- 
ter considers it a Congress which is to '■^Jix" principles and " de- 
termine" cjuestions of national law. The Mexican Minister treats 
it as a council of war, which is to give the greatest effect to the 
military operations of the confederates ; the Senator from Rhode 
Island (M. Robcins) declares it to be a mere advising council, with- 
out power to nei^otiate a treaty, or to enforce obedience to its ad- 
vice ; and the Senator from Louisiana, (Mr. Johnston) looks upon 
it as a Committee of Public Safety, in which questions of common 
interest may be discussed, but nothing decided, nor any treaty ne- 
gotiated. Next, as to the subjects of deliberation in the Congress. 
-Upon this point, the greatest discordance prevails in the enumera- 
tion given by each. The Senator from South Carolina (Mr. Hayne) 
has clearly exposed these inconsistent and contradictory catalogues » 
and I will not impair the force of his statement by a lame and im* 
perfect recapitulation. — Then, as to the powers of the ministers. 
These would seem to result, of course, from the subjects upon 
which they are to act, and as these are unknown, so are the powers 
undefined and undeiinable. The ministers from C9lombia and 
Mexico entreat us to clothe our envoys with '■'■full powers — amfile 
/loivei-s." The President invests our envoys, and presumes the en- 
voys, of the other States to be invested, with power to negotiatje 



9 

treaties; while the Senators from Rhode Island and Louisiana, who 
support the President, utterly deny any such authority to any of the 
ministers. Upon the organization of the Congress, its mode of act- 
ing, and of deciding questions, there is no contrariety, because no in- 
formation has been given, or opinions expressed. The ministers of 
Colombia, Mexico, and Guatemala, after taking from May till 
November to answer the President's interrogatories, return him no 
ansvi^er upon these three points nor any excuse for not doing so. I 
refer to all these contrarieties, at this time, Mr. President, not for 
the purpose of showing them to be erroneous— that will be done 
when I shall come to the analysis of the treaties themselves— but 
for the purpose of showing the contrariety itself, and of proving, 
by this single fact, the truth of my position, that we are without 
^^satisfactory information" upon the character, powers, and duties 
of this Congress. Having done this, I proceed to inquire: 

Is this information necessary to us ? 

The affimative of this inquiry, it does seem to me^ results front 
the nature of the thing which we are required to do. The President 
has called upon us for advice ; the Constitution makes it our duty 
to give it. But, to give it in the spirit of the Constitution, we must 
first be informed ourselves upon all the circumstances of the case 
concerning which the advice is required. This is the natural course 
and order of things, even in the ordinary transactions of life. No 
prudent man gives advice to his neighbor) without Srst acquiring;^ 
exact information of that neighbor's situation. No honest lawyer 
will give advice to his client, without the exercise of a like precau- 
tion. And shall we, the Senators of the United States, required, by 
the Constitution, to be thirty years of age, to ensur-e our arrival at 
years of discretion, and vested with ?. tenui'e in offic'C longer, by one- 
third than that of the President, to inspire us with independence- 
shall we, the Senators of four and twenty State?.—- act without dis- 
cretion and without independence in giving advice upon the affairs 
of ten millions of people ? Reason would say, no ! But we are not 
left to reason and argument even upon a point so plain. We have 
authority, and that of the highest order, for insisting on the justice 
and reasonableness of our request. It is the authority of the Presi- 
dent himself, acting upon the identicial case now before us, and com- 
municated to the Senate by himself, in his confidential message of 
December 26th. 

[Here Mr. B. read a passage from Jlr. Clay's report, in which the Secretary 
Informs the Ministers from Colombia and Mexico, that the President held it to be 
" necessary, before" he could accept the invitation to send Representatives to 
Panama, to arrange '♦ several preliminary points, such as the subjects to which 
the attention of the Congress would be directed, the substance and form of the 
powers to be given to the respective Representatives ; the mode of organizing 
the Congress, and its mode of action."] 

Compare the terms of my amendment, Mr. President, with the 
terms of the report just read, and you will find them to be identi- 
cally the same, to a word, and even to a letter. One is a fac-simile 
of the other. My amendment, is a mere re-occupation of the ground 
which the President took, as I conceive, with judgment, in May, 
and which he abandoned, without any reason that he has seen fit to 
assign to the Senate, in Noveijiber following; -?.nd I mtvst b^i^enirtt- 



10 

led to argue, that the same " satisfactofy information*^ which wa't 
necessary to him, before he would accept, the invitation to send 
ministers, is equally necessary to the Senate, before it can advise him 
to send thera. 

But, sir, we are placed in a strait. The President exacts our ad- 
vice, and refuses us further information. The gentlemen in support 
of the Administration, back the President in this course of conduct, 
and even deny us the short respite of an adjournment. We are in 
the condition of a petty jury in a case of homicide, or larceny, 
lecked up, sir, night and day, restricted to the enjoyment of candle 
and water, and not permitted to separate until the verdict shall be 
rendered. — This is a new viray of getting advice from the Senate.— 
The oldest members say they never saw the like of it before, not 
even during the war, when the dangers of the country required the 
most arduous sittings ; but, after what we have seen, we are all 
prepared for any extremity. 

The fact being established, that the Senate has not satisfactory in- 
formation upon which to act, and being nevertheless forced to act, I 
shall proceed to examine what we have got, and prove from this that 
the United States ought not to entangle itself with the Congress of 
the confederated States of Spanish America. 

The most innocent character in which this Congress has been pre- 
sented to us, is that for which we are indebted to the ingenious 
speech of the Senator from Rhode Island, (Mr. Robbins,) — that of a 
mere advising council. Taken in that sense, and it is ?. council of 
war, deliberating upon the plan of a campaign— meditating the in- 
vasions of Cuba, Porto Rico, the Philippine Islands, and the Ca- 
naries. Its essential character is belligerent, and to go into it as an 
" associate" is to partake of that character. 1 take a distinction 
between going, in the ordinary diplomatic form, to the sovereignty 
of a country which is at war with another, and going into a council 
of war for directing military operations, such as this is. The one 
may be consistent with the neutral position, the other is utterly in- 
compatible with it. Gentlemen betray their sensibility to this fact, 
when they allege, in mitigation of our conduct, that we go to dis- 
suade the confederates from invading the possessions of Spain. If, 
in reality, they go for that purpose, they will be very unwelcome 
counsellors to those who are determined upon that invasion, and who 
are collecting all possible means to give it the greatest possible effect. 
And Spain — what will she say to our excuses and apologies? She 
may disbelieve them, and, in that case, she will consider us as the 
" associate " of her enemy ; or, she may affect to credit them, and 
make them the ostensible ground-work of a gracious act of amnesty 
and oblivion of our offence. They cannot be received in justifica- 
tion ; for associates in any illegal purpose are guilty in equal de- 
grees, without regard to the particular part which each may have 
acted. A plea, that part of the associates did not concur in the crimif 
nal act, rises no higher than to establish aclaim for pardon- — a claim 
which, the Senator from South Carolina, (Mr. Hayne,) has showa 
you, a King of Great Britaia refused to recognize in a peer of the 
realm. 



li 

1 

The advising^ power is a high one. It cannot be assumed by n,a- 
Vions or individuals. Between them, consent alone can give it ; b^ 
tween functionaries, the law alone can confer it; but, wherever it is 
given by consent, or conferred by law, a high moral and honorary 
obligation is contracted, by all the parties concerned, to conform to 
such advice. Nothing but fraud, imposition, or change of circum.' 
stances, can justify a want of conformity ; all of which are grounds 
of extreme delicacy to be assumed between nations, and yet the only 
ones which the dissentient party can plead with honor. If we go 
into council with these nations, we must either follow the advice 
given, or reject it. If v/e follow it, then the free deliberations of our 
Congress here are trammelled and controlled by tlve Congress at 
Panama. If we reject it, we must either dissent in silence, and in- 
*ur the imputation of perfidy, or come out with reasons which' may 
impeach the honor of our associates, and draw upon us the serious, 
consequences of their resentment. Upon this subject, we already 
have some experience with one of these powers. A convention for the 
suppression of the slave trade was negotiated with Colombia in 1825, 
sent home for ratification, and rejected by the Senate in the undis- 
puted exercise of its constitutional power. Yet, Colombia is dis- 
satisfied at this rejection. Her minister here has adverted to it m 
terms which cannot be misunderstood, and has even proposed it for 
the consultation and advice of the Congress at Panama I The de- 
cision of the American Senate to be overhauled by the Congress at 
Panama!* Suppose v/e agree to this proposition. The result is easily 
foreseen. The decision will go against us, five to one. Then we 
must submit; the American Senate must conform ; the resentment 
of the confederate Powers will be held up to alarm us ; and if we do 
not yield to that argument, the effect of the resentment itself will 
surely be incurred. 

The maxims of prudence are the same among individuals and na- 
tions. Neither can become too intimate with the other, without dan- 
ger of breaking up all friendship between them. The sweetest wine 
make the sourest vinegar ; the best of friends become the worst of en- 
emies ! No feuds so bitter as those of families ; no cause of quar- 
relling so common as intimacy over-much 1 No peace-maker half 
so powerful as distance, independence, and complete separation of in- 
terests ! and, to my mind, there is infinitely more danger of making 
enemies than there is chance for gaining friends, in this project 
of going into this ^^ advising council y" to mix up our affairs With 
those of half-a-dozen foreign nations. 

I say, Mr. President, the advising power is a high one : It is little 
less than a power to control and govern the event. The President 
has no power to advise this Congress ; he can only recommend ; and, 
iittle as a recommendation was intended to influence our delibera- 
tions, we all know and see its potent and almost irresistible effect. 
Shall we take advice, then, from abroad ? May the President go 
abroad for that advice which he cannot obtain from this Senate, — 
his constitutional advisers — and then deliver it to this Congress, with 

• The President, in his Message to the House of Representatives, declares the 
fact, that this question, although decided by the .Senate, is to be madft thai sufa. 
ject of fresh deliberation at Pan-ama ' 



Id 

the ftption, ©n our pai't,of following this foregn advice, or of incurring 
the resentment of all these Powers, in addition to his own, if we do not 
act as desired ? The iStates of this Union have a right to send us their 
opinions; but have we aright to send ministers abroad to get other 
opinions to overrule, or even to confirm their instructions ? 

But, Mr. President, this is a council for something more than con- 
sultation and advice : it is for deliberation and action ; it is a council 
in the sense of the Amphictyonic, that council which Bolivar had in 
his eye when he declared that the /«?Am«s of Pamama would become 
more celebrated in history than that of Corinth. The only place in 
the treaties in which the Congress is mentioned as a council, an- 
nounces it to be a tribunal for the decision of questions in the last re- 
sort, and without the power of appeal. It is to be an arbitrator* of 
differences among the States; an interpreter of their treaties; a 
•rallyiug point in common dangers ; a council in great events ; a 
council of war, in time of war, — of peace, in time of peace. What 
else can this imply but a power to decide, and to enforce obedience? 
The power to enforce the decision results from the right to decide. 
So ^AXiX xhft Federalist^ speaking of our Congress of '78. But our 
Congress was restrained from putting refractory States to the Ba?i 
because it was limited to the exercise of powers, ^^ exfiressly" 
granted. This restriction upon the exercise of a power resulting 
from the nature of the confederation, and held by some to be neces- 
sary to its preservation, (^General Hamilton, in the Federalist) was 
given as the illustration of the necessity of omitting the words, " ex- 
XRKssLY delegated^' in our Constitution. The treaties of the Spanish 
American States contain no such restriction, and the ^awof the con- 
federates will be as naturally resorted to by the majority in the 
Panama Congress, as it always has been by the majority in the Diet 
of Ratisbon or Frankfort. 

Keeping steadily in view the double aspect under which this Con- 
gress has been presented to us, we have next to inquire, whether it 
constitutes "a diplomatic assembly," with power to negotiate treaties 
in the ordinary form ? The President, in his message, evidently 
holds the affirmative of this inquiry : the two Senators who support 
him with their voice on this floor, (Messrs. Robbins, of R. I, and 
JoHNsroN, of Lou.) maintain the negative. These gentlemen call it, 
sometimes, a diplomatic assembly, but deny its power to negotiate 
a treaty. Strange diplomatists, indeed, who cannot do the only 
thing which confers the title of diplomatic I For complimentary 
embassies are unknown to these United States ; they belong to the 
crowned heads of the Old World, and with us, the power to negotiate 
treaties is the essential and indispensable attribute of the diplomatic 
character. 1 hold these gentlemen to be in error upon this point, 
and the President also. The respect which 1 owe to him and to them 
requires me to state the grounds of their opinions, with all possible 
candor, and to advance my own arguments in opposition, with ail 
the diffidence which is compatible with a firm reliance upon their 
truth. 

The articles in the treaties which are relied upon to establish the 
diplomatic character of this assembly; are 13th and 15th, in the treaty 

♦ See the original treaty, and the true translation.-^/Kfl(j"«-«rWlr<i<or; 



IS 

between Colombia and Mexico ; 15th and 19th, in that of Colombia 
and Guatemala; 1st and 3d, in that of Colombia and Peru, and 12th 
and 1 5th, in that of Colombia and Chili. These treaties were drawn 
in the Spanish language; the originals are not sent us; and some 
variations may be detected in the translated versions of the articles 
referred to. But the variations are the evident effect of loose and in- 
accurate translation; and, in selecting two articles for the ground 
■work of the opinions which I combat, I shall take those which the 
gentlemen themselves would be most apt to select. 

l^Mr. B. then read articles \2th and ISth in the treaty betiveen Co- 
lombia and Guatemala.^ * 

Article 12. — " To strengthen the bonds of future union between the two 
States, and to prevent every interruption of their friendship and good intelli- 
gence, a Congress f shall be formed, to which each party shall send two Pleni- 
potentiares, commissioned in the same form and manner as are observed towards 
Ministers of equj] grade to foreign nations." 

Article 15. — " The Isthmus of Panama being an integral part of Colombia, 
and the most suitable point for the meeting of the Congress, t this Republic 
promises to furnish all the facilities demanded by hospitality amongf a kindred 
People, and by the sacred and inviable character of Ambassadors " 

Upon the first of these articles, it is insisted that the Represen- 
tatives in this Congress have the name and commission of Pleni- 
potentiaries; and in the second, that they have the privileges of Am- 
bassadors. Upon these expresssions have been erected the claim of this 
Congress to the character of diplomatic. I deny, on the contrary, tiiat 
the "names" "commission," or "privilege," decide the character of 
the ministers which may wear them. Names are arbintiry, and 
imposed at will ; but the duties to be performed, announce the real 
officer, and define his character. The name of Consul is known 
to our Constitution, but it gives no right to the lictors s.n6 fasces j 
and the person who wears this proudest of the Roman titles, is con- 
demned, by the nature of his duties, to remain in the humble con- 
dition of a commercial agent. But to come to the point at once, 
and to meet the gentlemen with an authority more potent than reason. 

Martens lays it down expressly (book 7, chafi. 2. sec. 6.) that there 
are — 

•• Ambassadors and other Ministers who are at the same time Deputies, and 
also simple Deputies, who cannot claim the rights of embassy, because they are 
liot vested with the rights of Ministers." " That many towns in Spain and 
Italy have a right to send Deputies to their own sovereigns, to which Deputies 
they give the title of Ambassadors : but they have the title only ; they can claim 
none of the rights of Embassay." " That Ministers sent to a Congress arc some- 
times called Deputies ; but this name neither adds to, nor takes from the quality 
of Minister, with which they may be vested at the same time." 

Thus it is shown, Mr. President, that Defiutiesin Spain frequently 
wore the title of .Embassadors, without having any pretension to di- 
plomatic character; that Ministers to Congresses might be nothing 
but Defiuties, or -vice versa, that the name of Minister would add 

* See the originals, and the true translation, at the beginning. 
t Seethetrue translation of this word, " osa7n6fea, in the original, not " con- 
^tego." 

^ Same remark.- 



H 

nothing to the De/iuey, nor the name of Defiuty detract any .thing 
from the Minister. Then, we may conclude that these Spanish 
American States, in giving the name of Flejii/iotentiariea to their 
Deputies^ were acting upon a usage with which they were familiar 
in old Spain; and I will very soon show you, that in giving this name, 
they neither gave, nor intended to give, diplomatic functions or 
character. 

For this purpose I take up the second of the articles which I 
have read, article 15th of the treaty last referred to. Thj* article 
stipulates for the rights of hospitality, and for the inviolability of 
person, due to the character of Ambassadors. Now, sir, why stipu- 
late for Ambassadorial privileges if they were already possessed ? 
And if these Plenipotentiaries are Ambassadors, they have all the 
privileges of the character without the officious help of treaty 
stipulations. They derive them from the law of nations, which 
covers with the rights, privileges, and immunities of the diplomatic 
character, every Minister the instant that he is appointed, just as 
readily and as naturally as the municipal law throws its protectioni' 
over every child the instant it is born. — To suppose that a treaty 
stipulation would be necessary in one case would be just as absurd 
as to suppose that a special act of assembly would be wanting in 
the other. Why then these treaty stipulations ? I answer, because 
inviolability of person is necessary to all legislators to enable them, 
to do the public business. We have it ourselves, not under the law 
of nations, but under an article in the Federal Constitution. The 
members of Congress in Colombia, Mexico, Guatemala, and the 
other federate states, have it likewise, and in like manner, under ar- 
ticles in the constitutions of their respective countries Why then 
this treaty stipulation in behalf of these gentlemen of Panama? 
Because, exemption from arrest and imprisonment was necessary to 
the free and regular transaction of their business, and their official 
character being unknown to the constitution of their respective 
countries, or to the law of nations, a treaty stipulation became 
necessary in their behalf; and the inviolability of the ambassadorial 
character was adopted as a criterion, because it presented the two 
fold advantage of furnishing an adequate measure of protection, and 
a rule of measurement known to all the parties. 

How will gentlemen escape from this difficulty? The facts are 
undeniable, and the conclusions it;resistible.— It will not do to set 
down these treaty-stipulations to the account of Spanish American 
ignorance. The writings, proclamations, and state-papers of the 
new Powers, place them above the reach of such an insinuation. 
Besides, they have given us pratical proof that they know just as 
well when treaty stipulations are unnecessary, as when they are not. 
Tliey have Ministers now here, no less than three of them, and no 
treaties with us for the rights of hospitality or for the protection of 
their persons. I repeat it, sir, the conclusion is irresistible ! They 
liave protected their plenipotentaries at Panama with treaty-stipula- 
tions, because they are not a diplomatic body, and not entitled to di- 
plomatic privileges under the law of nations; and they have not 
protected them by like stipulations at this place, because they bear 
the diplomatic character, and are protected by the law of natienrs* 



15 

Tliis is decisive; I challenge gentlemen to rfteetit; ^ut a fiirtheV 
view yet remains to be taken. These confederates stipulate for /c«s, 
in behalf of their Plenipotentiaries, than public ministers receive 
■without stipulation. They stipulate for nothing but hospitality and 
inviolability for the persons of their plenipotentiaries ; whereas, 
under the law of nations, this inviolability extends to the minister's 
wife, his children, and his servants; to his house and his coaches; it 
makes him independent of the jurisdiction of the country, both civil 
and criminal, in which he resides ; in fine, it gives him the privilege 
of diplomatic ex-territoriality, and thus makes him, in legal contem- 
plation, out of the country in which he is, and in the country from 
which he came. What an immeasurable distance between these 
rights and privileges, and a claim for food and bodily protection 
Yet even this miserable modicum of ambassadorial privilege is li ' 
mited in its application to the particular spot in which the Plenipo 
tentiary Congress may chance to sit for the time being. While at 
Panama, Colombia is to give it to them. If forced by the current 
of events to remove to Guatemala, or to Mexico, Colombia is re- 
leased from her obligation, and these States assume it. But Minis- 
ters, wi;h diplomatic character and privilege, are not only protecteij 
in the country to which they are sent, but in every country through 
which they pass. The sovereign, indeed, to whom they go, is under 
a more particular obligation to respect and protect them ; but they 
are entitled every where to the rights of hospitality, and to an entire 
exemption from bodily hurt or harm. If injured or murdered in 
such passage, the outrage ceases to be an offence against the muni- 
cipal law of the country ; it swells into a crime against the law of 
nations ; it becomes a justifiable cause for war ; and the whole civi- 
lized world are bound to condemn, if not to avenge it. 

[Mr. B. here referred to several historical examples, to illustrate the truth and 
force of what he advanced. He mentioned the case of the ambassadors of Fran- 
cis the First, to Venice and Constantinople, who were assasinated on the river 
Po by the orders of the Governor of Milan, acting' under the countenance of 
the Emperor Charles the Fifth ; and that of the Fi'ench ambassadors, in the time 
of the Directory, returning frorii the Congress of Kastadt, and way-laid on the 
road by a detachment of Austrian huzzars, pulled out of their carriages and cut 
to pieces with sabres, in the arms of their wives. The first of these events, he 
said, had given new allies to Francis in his wars with tlie Emperor ; and the se-- 
oond had arrested the current of public indignation, counterpoised the crimes of 
the Revolution, and, for a while, turned the sympathies of the civilized world ia 
favor of tliose wlio were themselves red with the blood of the human race. But 
he did not mention these esamples from any apprehension that our gentlemen of 
Panama would be murdered on the way, but to show the immeasurable difference 
between ministers invested with diplomatic privilege, and these plenipotentiaries 
with their treaty-stipulation for food and bodily protection ] 

Having made good this point, Mr. President — having shown, upon 
indisputable facts*, clear reason, and undeniable authority, that this 
Congress at Panama is not a difilomalic asstmbly for the negotiation 
of treaties — I will proceed, without now stopping to show what it 
really is, to the great constitutional question, which results from this 
position — the competency, not of the President alone, but of the Pre- 
sident and Senate united, to send Envoys Extraordir>ary, and Ministers 
jpleiiipotentiary, to suc1i an assemblage. 



• 16 

The power of the President and Senate to send ministers abroad, 
is derived from the 'id section of article 3d of the Constitution of 
the United States. The section is in these words: 

«* The President shall nominate, and, by and with the advice and consent of 
the Senate, shall appoint anab^issadors, other public ministers, consuls." 8ic. 

The ambassadors and ministers here intended, are such only as 
are known to the law f nations. Their names, grades, rights, 
privileges, and immunities, are perfectly defifted in the books which 
treat of them, and were thoroughly understood by the framers of 
our Constitution, They are, Ambassadors — Envoys — Envoys Ex- 
traordinary — Ministers — Ministers Plenipotentiary — Ministers lesi* 
dent. 

The honors due to each of these orders of public ministers, differ 
with their respective ranks and degrees, but the essential character 
of each is the same, and the rights of all are equal. In the ^reC 
place, they must all be accredited from sovereign to sovereign. So 
say all the books, without a solitary exception. In the next place, 
ihey all possess the diplomatic privilege of ex-territoriality ; and 
this includes exemption from the payment of duties, exemptiom from, 
local jurisdiction, and the right of inviolability for themselves and 
families, the houses in which they live, and the carriages in which, 
they ride. In the third place, they derive all this from the law of 
nations ; no part of it from treaties and conventions. In the fourth. 
place, they usually carry letters of credence, always letters patent, 
containing full powers, which are to be exchanged with those of the 
ministers who may treat with them ; a.nd, Jin ally, they are governed 
by instructions, and send home the treaties they sign, for ratificatioa 
or rejection. 

Now, let us try «»ur intended ministers by these tests. Let us see 
Tvrhether they possess the attributes, the characteristics, and the es- 
sential features 6\' ministersy such as are known to the law of nations 
and to the Constitution of this Confederation. Are they to be sent 
from sovereign to sovereign ? No, Mr. President ! They go to an 
" advisory council," a " committee of public safety." They set out, 
indeed, from a sovereign; but instead of moving upon a horizontal 
line, upon that elevated level which knows no descent, they run down 
an inclined plane, and land themselves in a Congress of Deputies* 
upon the Isthmus of Panama. Have they the rights, privileges, and 
immunities, of public ministers ? Far from it : for, after yielding to 
them all that their fellow deputies, fellow counsellors, or fellow com- 
mittee-men (as the case may be) can take, they will still have nothing 
but the rights of hospitality, and of personal inviolability. Have 
they even this under the law of nations? Not at all; but under cer- 
tain treaties, to which we are not parties, and which ran only in- 
clude our ministers by help of a most liberal construction. VVill 
they carry letters of credence ? I presume not : for they will find no 
sovereign powers on the Isthmus to whom to deliver them. Will 
they exchange full powers with the Plenipotentiaries of the other 
powers ? I should think not : for these plenipotentiaries will be 

* " CoNscLTAxatvB eocscii." — Mcssagc to the House of Representatiree. 



if 

acting under treaties, and our ministers uncler a constitution and the 
law of nations. Will they negotiate treaties, and send them home 
for rejection or ratification ? I maintain that they will not ; all the 
Senators who have spoken before me, both friends and foes to the 
mission, agree with me that they will not ; I maintain that they will 
not and cannot; the President alone seems to think otherwise, pro- 
bably because he has not had time to study the treaties as we have 
done. But th6 fact is remarkable, that no gentleman upon this floor, 
friend or foe to the measure, supports him in that opinion, and I feel 
myself justified ii\ dwelling upon the circumstance, and pointing it 
out to the renewed and continued attention of the Senate^ 

Tried by these tests, and the diplomatic qualities of our intended 
ministers fail at every attribute of the character. Spite of the names 
which are imposed Upon them, they turn out to be a sort of deputies 
with full poweis for undefinable objects. They are unknown to the 
law of nations, unknown to our Constitution, and the combined pow- 
ers of the Federal Government are incompetent to create them. 
Nothing less than an original act, from the People of the States, in. 
their sovereign capacity, is equal to the task. Had these gentlemea 
been nominated to us as Deputies to a Congress, would not the 
nominations have been instantly and unanimously rejected ? And 
shall their fate be dilFei-ent under a different name ? The delicacy oC 
this position was seen and felt by the Administration. The terms 
"deputy," and "commissioner," were used in the official corres- 
pondence up to near the date of the nomination, but as these names 
could not pass the Senate, a resort to others became indispensable. 
The invitations and acceptance were in express terms, for " defiuties 
and representatives to a Congress." The nominations to the Senate 
are wholly different. 

\_Mr. B. here called for the reading of the nominations.!^ . 

The Secretary read— 

'* To the Senate of the United States .- 

«« Washingtok, 26tli Dec. 1825. 

" "In confidence that these sentiments will meet the approbation of the Senate?, 
I NOMINATE Richard C. Anderson, of Kentucky, and John Sergeant, of Pennsylva- 
nia, to be Envoys Extraordinary and Ministers Plenipotentiary to the Aesembltj of 
American nations at Panama, and WiUiam B. Rochester, of New-York to be 
Secretary to the Mission. 

" JOHN QUINCY ADAMS." 

Assembly of American Nations ! Is this the fact ? Are the Nations 
there ? I do not mean to inquire, Mr. President, %vhether the men, 
women, and children, who compose the Republics of Colombia, 
Guatemala, Mexico, Chili, and Peru, have collected themselves ia 
masses upon the Istlimus of Panama — that, sir, would be a vile and 
contemptible play upon words ; but I do mean to inquire, and," these 
cerements being b2irst," I do mean to go before the American People 
for the answer, whether the sovereignty of :hese nations, in fact, oP 
. by representation, is at the Isthmus of Panama ? For, unless it is so 
present, the institution of this mission is, and must be, a breach of 
our Constitution. 



IS 

13, then, Uie sovereignty of these nations present in fact ? I an- 
«;\ver, it is not — the thing is impossible ; for these States are Repub- 
lican, and Republics arc incapable of exercising the right of sove- 
reign CK-territoriality. That quality belongs alone to Kings and 
Emperors, who bear about with them, whithersoever they go, the 
sovereignty of their respective empires. Ministers can be accredit- 
ed to the sovereignty of a State, wheresoever it may be ; and, hence 
the resort, in this nomination, to the word JVations. They can be 
accredited to nothing below the sovereignty, and hence the necessity 
of dropping the word Congress. A nomination to the Congress 
would have been void, upon its face — the Journal would have shown* 
it; and, peradventure, we, the the People, might have got it into the 
Supreme Court, " as a case arising under the Constitution" and had 
it reversed for manifest error. The error would then have been pa- 
tent, instead of being, as it now is, latent. Gentlemen have evinced 
their sensibility to this difficulty — they have felt the necessity of sup- 
port, and have gone to Ghent, and Utrecht for precedents. The 
references are unfortunate for them and the President — happy for me 
and the Constitution. The cases are antipodes to each other, in 
every essential point. Here is a nomination of ministers to nations 
in gross, at the place where there sovereignty is not, and cannot be. 
The Ghent nominatiat> was not to the nations at Ghent, nor even to 
Great Britain at Ghent — but " to Great Bntain." The meeting of 
the ministers at Ghent^ was an incident — a mere affair of arrange-^ 
ment, and constituting no part of the nomination. There, and at 
Utrecht, the Plenipotentiaries were accredited to sovereign powers 
— met their representatives, under the law of nations, and for a pur- 
pose strictly diplomatic — that of negotiating treaties. 

Doubtless there may be nominations to sovereigns without their 
dominions. The late Congresses in Europe furnish examples of the 
fact ; but they are limited to Kings and Emperors, possessing the 
quality of sovereign ex-territoriality. But even to these a minister 
could nt)t be accredited in mass. He nvust have separate letters of 
credence to each, and separate full powers to treat with each. Rea- 
son tells us this ; for each sovereign has the right to receive and to 
Kfeject ministers — to treat or to let it alone. Authority tells us the 
game thing; and, as authority is often more potent than reason, and 
this may be one of the cases in which it is so, let us look at the books. 

[Here Mr. B. read— 

" One letter of credence may serve for two Ministers, sent at the same time, it 
they are both of the same order. Sometimes, on the contrary, one Minister has 
several letters of credence. This happens when he is sent to several sovereigns, 
or to one soverign, in different qualities." "The Ministers sent to Switzerland 
are often charged with more than fotir different letters of credence. So it is 
\vith those sent to the Emperor, to the circles of the Empire," &c.] Martens. 

It is the same with the letter of full powers. There must be as 
many as there are sovereigns to be treated with ; the exchange of 
these must be mutual and simultaneous ; each Minister judges for 
himself the full powers of the other. Yet our intended Ministers to 
Panama are nominated to the " nations" in mass ; the nomination will 
govern the commissions, and the commissions will govern the letters 
^f CFedencje and of full power,-— By consec^uence the credentials and 



19 

ihe full power will be presented to a Congress — to an organized bod^ 
—and passed upon by it, Peradventure a committee will be raised 
upon their papers; the Congress vote upon them; the President 
announce the result ; a clerk write it down ; and a door-keeper let 
them in! What a process for the reception of ambassadors! Not 
so at Ghent. There the ministers of the two powers met upon the 
footing of equality. The full powers of each were mutually and 
simultaneously exchanged : (See the Preamble to the Treaty.) Each 
judged for himself; and from this equality, and this right of recipro- 
cal decision upon each other's powers, there can be no exception ex- 
cept in one single case, a case which did exist at Ghent, and does not 
exist at Panama ; it is the case of a negotiation opened under the 
auspices of a Mediator., to whom the full powers of each may, and 
ought to be, submitted, if they disagree. Our Ministers then must 
be accredited to ea-ch of the nations supposed to be at Panama ; they 
must bear full powers to treat with each of their plenipotentiaries ; 
these again must have full powers to treat with each other, and with 
Ks ; ai^d these powers must be reciprocally exchanged all around.* 
So it was at Ghent, so at Utrecht, so at VVesti)halia, so at every Con- 
gress of plenipotentiaries for the negotiation of treaties of which his- 
tory gives us any account. 

The sovereignty of these nations not being, in point of fact, at Pa- 
nama, the next inquiry is, whether it is there by representation ? 

This is a thing possible. Ministers, known to the law of nations, 
viay represent the sovereignty of their nations at any point upon the 
globe. They may come from, the four quarters of the globe and form 
a diplomatic assembly. But is this Congress at Panama, an assembly 
of that description ? I maintain that it is not ; "and in inaintainance of 
this opinion, I bring up and enforce again, the circumstance of their 
creation under treaties; their limited privileges, and their ,,depend- 

* The President, in his after Messag-e to the House of Representatives, has 
mentioned, as a precedent for this Mission to Panama the one which was insti- 
tuted in our own country soor\ after the close of the Revolutionary war, to the 
principal powers of Europe. A reference to the history of that mission has fur- 
nished me a pointed authority against this nomination to Panama, and in favour 
of t'je position which I maintained in the Senate. 

The ministers sen', out on that occasion were Messrs. Adams, Franklin, and 
Jefferson ; the Powers to which they were commissioned, were Russia, Germany, 
Prussia, Denmark, Hamburg, Great Britain, Spain, Portugal, Genoa, Tuscany, 
Rome, the two Sicilies, VenicCj Sardinia, and the Ottoman Porte. But they did 
not carry a letter of credence and full powers to these nations in the gross — 1» 
the whole of them in mass — but a credential and a full power to each, by name. 

Candour, however, requires me to say, that there was, in former times, when 
the knowledf^-e of geography was less perfect than at present, a species of uni- 
versal ministers, or knight-errant ambassadors, carrying general-letters of credence, 
and general-full-powers, and bearing commissions addressed " Ad omnes Populos.'> 
TUe name of this obsolete order, and their vocation, has been brought to mind 
by the passages in the same second message, in which this mission to Panama is 
supposed to be the means of dispensingthe " promised blessings of the Redeemer," 
improving " the condition pf man upon earth,' and promoting the " welfare of ihe 
whole human race." But the nomination o{ Messrs. Anderson and Sergeant is not 
^uite up to this universal mission ; it does not read " Jld omnes Popidoa" fTo all 
People,) but, ad omnes gentes Americanos, (to all the American nationsj ax Pan+ma !') 
^F^», it is stin without 51 prece4«iit in the annals of diplomacv-, 



20 

ence for these upon treaty stipulations. I will then go forward and 
show what this Congress is. In doing this, I shall follow the example 
of the Senator tVoin Rliode Island, (Nlr. Robbins,) and improve a little 
vpon it. He looks to the treaties which create this Congress, for its cha- 
racter, and he leaves out of view all that has appeared in reviews, pro- 
clamations, and newspaper essays. In this he acts like a Senator — like a 
statesman, I shall iniitate him in looking to the same treaties, and in 
leaving out of view so much cf tlie President's Message, and so much 
of the same loose authorities, as differ in any degree from the terms 
of the treaties; and I shall improve upjn his example, by adding to 
the catalogue of excluded authorities, so much of the Secretary's com- 
commuuications, and of the letteis of the Colombian, Mexican, and 
Guatemalian Ministers, as vary from the same standard. In the 
absence of these treaties, this message, and these communica- 
tions and letters would have governed us ; for they would then 
liave been the highest evidence in our possession ; but, in the 
presence of the treaties, they are useless ; for they signify no- 
thing when they agree with them, and must be rejected when 
they differ from them.* And here, Mr. President, I shall admit 
that I was put upon this track by the words of yvisdom which 
fell, in the fitst days of this debate, from that venerable Senator from 
North Carolina, (Mr. Macon,) wtio, I am proud to say, permits me 
to call him friend, and am still prouder to know, has been the friend 
of me and mine through four generations. This venerable Senator 
j^aid, that this confederation of Spanish American States, and their 
Congress at Panama, was to them what the confederation and Con- 
gress of the Revolution was to us. This remark struck me, and set 
iny mind at work. I determined to analyze the two confederations, 
Sind their Congresses, and I have done so. The result is in my hand, 
(showing a fiafier,) and I derive confidence in its correctness from 
seeing that tiie Senator from Maine, (Mr. Holmes,) and the Senator 
from New-Jersey, (Mr. Dickerson,) without any concert with me, or 
even knowing what I wasabout, have, in part, made the same analysis, 
^nd arrived at the same conclusions. Their labours not only fortify 
me in th? strength of my posiition, but relieve me from a part of my 
own. For, after what they haye said, I ^yill do no more, in this place, 
than to read from my notes the analysis which I have made of these 
Congresses and confederations, respectively, 

[Mr. B. then read from his notes, as arranged under appropriate heads, and in 
parallel columns, the analysis whicli he had made of the object of the two Con- 
federacies, and the powers and duties of their respective Congresses.] 

THE ANALYSIS, 

Style of the two Confederacies 



UngU&h American States. 
Articles of confederation and perpe- 
tual union between the States of New 
Hampshire, Masachusetts Bay, Rhode 
Island, &c. 



Spanish American States. 
Treaty of perpetual union, league^ 
and confederation between the Repub- 
lics of Colombia, Guatemala^ Mexico,, 
&c. 



* The t' eaties were not communicated with the Message recommending' the 
Mission, The message came in, Cecembcr 26th. The treaties were called| 
for, January 4th, by Mr. Macon, as chairman of the Committee of Foreign Rela- 
tions; and were sent in, January 9th, 



M 



Objects of the Confederates. 



To make a firm league of friendship 
for the common defence and general 
welfare, and to bind themselves to assist 
each other against all invasions and at- 
tacks whatsoever. 



To make a firm and constant league 
of friendship for the common defence, 
and to bind themselves '.o aid each other 
with land and sea forces in repelling all 
attacks whatever. 



Mode of accomplishing these objects. 

By a Congress composed of deputies I By a Congress composed of pleuipo- 
from each State. "' I tentiaries from each State. 

Number of Defiuties and PLenifiotentiaries. 

Not less than two, nor more than se- 1 Two from each State, 
ven, from each State. j 

Privileges of Deputies and Plenipotentiaries. 



Plenipotentiaries to have the rights of 
hospitality in the State in which the Con- 
gress sits, and to receive from such State 
the protection which is due to the sacred 
and inviolable character of their pepson^. 



Deputies to be protected in their per- 
sons from arrests and imprisonment, dur- 
ing the time of their going to and from, 
and attendance on Congress, except for 
treason, felony, or breach of the peace ; 
and not to be questioned in any other 
place for what was s^d in Congress. 

' Place of holding the Congress. 

At Philadelphia, in the State of Penn I At the Isthmus of Panama in the Re- 
^ylvania, one of the confederate States j public of Colombia, one the confederates 

I States. 

Right of P.emoTjal. 



The Congress may adjourn, and re 
move to any other place within the con 
federated States. 



The Congress may remove to any 
other place witiiin the Republics of 
Guatemala or Mexico, whenever the 
events of war may require it, or the 
majority of the States may so decide. 

Powers granted to the Congress. 



To make peace and war ; to send and 
jfeceive ambassadors and other public 
ministers ; to conclude treaties and con- 
tract alliances to regulate commerce ; 
coin money ; emit bills of credit ; fix the 
quotas of troops or money which each 
State shall furnish , to make requisition 
for such quotas , to be the last resort 
on appeal in all disputes and differences 
between States, Sic. 8cc. &c. 



To fix the quotas in naval ami milita- 
ry forces, or their equivalents in money,^ 
which each State shall furnish ; each 
State bound to furnish the quo .-.s or 
pay the equivalents so fixed; to seive* 
as a council in great conflicts, as a rally- 
ing point in common dangers, as a 
faithful interpreter of their public trea- 
ties, and as an umpire an' I conciliator in 
their disputes and differences . 



Privileges of Citizens. 



The citizens and inhabitants of each 
State to have free entrance to, and de- 
parture from, the ports and territories 
of the other; to enjoy therein all the 
civil rights and privileges of traffic and 
commerce which belong to the citizens 
of the same State : to be subject to the 
same duties and restrictions to which 
the inhabitai\tsof the State are subject. 

Fugitives from Justice. 

Traitors, felons, and others guilty of I Persons guilty or accused of treason,^ 
high crimes and misdemeanors, fleeing | sedition, or other grievous crime, flee- 



The citizens of each State to have 
free ingress and regress in any State ; 
to enjoy therein the privileges of trade 
s^nd commerce ; to be liable to no other 
duties, restrictions, or impositions, than 
those to which the inhabitants of the 
$a,me State are subject and liable. 



* ToKxy^them foi' a councilj &c.. Sec the true translationv 



2S 



from one Stale "into asother, shall be 
delivered up to the Government from 
v'hic!) they fly, to be dealt with accord- 
ing to law. 



ing- from justice, and found in the terrj^ 
tory of any of the States, shall be de- 
livered up to the offended Government 
upon demand. 



Admission of other States. 



Canada, acceding- to this confedera- 
tion, and joining in the measures of the 
United States, shall be admitted into, 
and entitled to all the advantag-es of 
this Union. 



The contracting parties oblige them- 
selves to interpose their good offices 
with the other ci-devant Spanish States 
to induce them to unite in this compact 
of perpetual union, league, and confed- 
eration. 



Reserved Powers. 



Each State freserves its sovereignty, 
freedom, and independence, and every 
power, jurisdiction, and right, which is 
not, by these articles of confederation, 
expressly delegated to the U. States in 
Congress assembled. 



This compact of union, league, and 
confederation, shall not affect, in any 
manner the exercise of the national 
sovereignty of the contracting parties, 
in regard to their laws, and the estab- 
lishment and form of their respective 
Governments, nor in regard to their re- 
lations with other nations. 

The closeness of this parallel, cotinue4 Mr. B. is full proof that 
the Congress of Panama is copied after the Congress of our Con- 
federation of '78. The objects, powers, and duties of each, with 
one essential difference, are the satyie, and the words as nearly identi- 
cal as could be expected after the double process of translating Eng- 
lish into Spanish, and Spanish back into English. But, notwith- 
standing the general conformity, they differ in a leading feature, and 
this difference is fatal to the diplomatic pretensions of the Congress 
at Panama. Let us display it. 

Difference of Powers. 



The English American Congress bad 
power to declare war and make peace ; 
send and receive Ambassadors and 
other public Ministers ; to make trea 
ties, and conclude alliances ; to regulate 
foreign commerce ; and to regulate all 
the foreign relations of the confederated 
States. 



The Spanish and American Congre^ 
has — 

First ; No grant of any of these pow- 
ers. 

Second .• A restriction against the ex- 
ercise of them. 

Third : A grant to interpret treaties. 

Fourth : No grant to make them. 

This, Mr. President, is demonstration. It is mathematical. The 
conclusion proclaims itself, and argument would weaken it. 

But besides the subjects submitted to the decision of the Congress, 
there are other matters agreed upon by the confederates themselves, 
inserted in their treaties, and made fundamental articles of the Con- 
federation. These, of course, cannot be affected by the acts of the 
Congress. Among them are four, highly material to be considered 
in the institution of this mission, three relative to the subject of 
commerce, and one in reference to treaties of peace with Spain. 
These articles stipulate for — 

1. An equality of duties and port charges among the confederates. 

2. Leave to refit and repair vessels, take shelter, enlist crews, aijd 
increase the armament of vessels in the ports of each other. 

3. An extension of maritime jurisdiction to the private^rgof eaifh 



oilier, for the purpose of preventing abuses upon their own cotn* 
ttierce, and that of neutrals. 

4. That neither shall compromit its independence in any treaty 
of peace with Spain, nor pay any price for the acknowledgment of 
its independence by the mother country. 

From this analysis it results — 

1. That tlie Congress at Piftiama is a Congress of deputies, with- 
full power over the limited number of subjects which are committed 
to them. 

2. That these subjects resolve themselves into two classes : those 
delating to the external defence, and those relating to the internal 
tranquillity of the confederate States. 

3. That the Congress can only act upon the affairs of the cofi- 
federates.* 

4. That it is to be an organized body. 

5. That its duties will sometimes hejudicial^f as in the interpre- 
tation of treaties; sometimes legislative, as in fixing quotas and 
equivalents ; sometime executive, as in planning military campaigns; 
but never diplomatic, because it is forbiden to alffect the foreign rela- 
tions of the confederates, and cannot even treat with Spain for a 
general peace. 

But, while I call it a Congress, as it is named in the treaties,^ I 
deny its similitude to the diplomatic congresses known to the law of 
nations. I pronounce them to be antipodes to each other in every 
essential attribute. The diplomatic congress meets for the sole 
porpose of treating for peace ; this for the main purpose of carrying 
on war, and without the power of concluding a peace! The diplo- 
matic congress is composed of plenipotentiaries from all the parties 
at war ; this is composed of the parties on one side only. The di- 
plomatic congress sits temporarily, for the accomplishment of a sin- 
gle object : this at Panama, is to sit for ever, and for the accomplish- 
ment of various and interminable oI)jects. The diplomatic con- 
gress is incapable of organization ; this isjto be organized. The di- 
plomatic congress can do nothing but negotiate treaties ; this is to 
plan campaigns, fix quotas, assess equivalents, arbitrate differences, 
interpret treaties, and make none. The diplomatic congress meets, 
on neutral ground ; this sits on the ground of one of the belligerent 
parties. 7%ai? has a mediator; this none. In f/jaf, all the negotia- 
tors have the commissidn of plenipotentiary only,to avoid questions 
of ceremonial and of precedence ; in this, our ministers appear 
clothed with the rank of Envoys Extraordinary, and Ministers Plen- 
ipotentary, and will take rank of the others, v/hich may give rise to 
curious and serious questions among the inviters and the invited. 

♦ See the true translation. The General Assembly (not Congress) is to serve 
THEM, the Spanish Ameriean confederated States, for a council, &c. &c. &c. in 
their disputes and differences : in the interpretation oi their treaties as a judge- 
arbitrator, &c. 

f This was said before I had seen the original treaty, which proves the judi- 
cial character, and even uses the word Judge. 

+ If I had seen the original I should have had no occasion to combat the argu- 
ment arising from the name, See tl^e fruf' tran-shtior. nrefi"3:ed to t'!)e speecli, It 
?3"^ot r^mcd *' Conp-re.?'?.'' 



Mr. iPresident, I must be permitted to take a closer view of this 
Congress, under its character of an organized body. It is admitted^ 
on ail hands, that it is to have organization and rules. Now, this 
is a thing impossible in a diplomatic assembly; The ministers 
in such an assembly represent sovefeign powers, and cannot be or- 
ganized. We had as well undertake to organize kings and nations. 
The ministers cati have no rules of action, for their personal de- 
portment, but those manners of gentlemen which they are pre- 
sumed to possess ; and none for their official conduct but such as 
are contained in their own instructions. The idea of organization 
is fatal to the diplomatic pretensions of this assembly. What is 
organization ? It is the disposition of the parts to make them sub- 
servient to each other; it subjects the whole to one will, or to one 
principle of action ; it reduces this Congress to a unit, to one party, 
deciding for all, with one voice. A diplomatic assembly, on the 
contrary, is multiplicate ; it consists of as many parties as there are 
Powers represented, each independent of the other, each making the 
best bargain he can for his own side. How will our ministers act 
with such a body ? They must either become parts of its organi- 
zation, or not become parts of it. Take either horn of the dilem- 
ma. In the first event, they make us parties to the confederacy, and 
bind us by the voice of the body. Well, it is agreed, all round, that 
this will never do. Then, try the other. Let our ministers stand 
off, become no part of the body, but undertake to negotiate with it. 
This is impossible: for the Congress is not sovereign to receive 
ministers, nor can it, like our Congress of the confederation, ap- 
point ministers to treat with them, nor treat as two parties : for the 
body will contain five parties, with only one voice, and we shall pre- 
sent a single party, with two voices. One will have to speak 
through a President or Secretary; the other, in their own persons. 
In short, Mr. President, the simple indea of organization explodes 
«very pretention of this Congress to the character of diplomatic* 

Sir, it is vain to endeavor to cover up this thing with mis-nomers 
and nick-names. It is a Congress, of de/iudes, in the ordinary sense 
of the terms, and was so described by all the parties, until it was 
seen that, under these names Messrs. Anderson and Sergeant could 
never obtain admission into the Senate, much less a passage through 
it. Behold the proof I Here it is : 

FIRST PROOF. 

Letter from Mr. Clay to Mr. Salazar^ Aovember oOtk. 

"1 have the honor to acknowledg'e the'receipt of your official note of the 33. 

inst. communicating a fr^rmalinvitat on from the Government of Colombia to that 

•of tlie United States, to send deputies to the contemplated Congress at Panama,'" 

&c. &c &c. _ 

• This question certainly deserves to fix the attention of statesmen. The re- 
ception of ministers, by an orj^anized body, not sovereign, is yet to find its pre- 
cedent in the annals of the world. The Congress of our confederation received 
ministers from foreign nations, because it was sovereign ; but it did not treat 
with them, becadse it was an organized body. It appointed ministers to treat, 
individuals to act with individuals, and this it could do. because it was sovereign. 
But the Congress at Panama cannot appoint ministers to meet ours, because it is 
not sovereign ; nor treat face to f»9e, because one la an organised body, and the 
other individuals. 



25 

SECOND PROOF. 

Front same to same. Same date. 

" tt would have been better, perhaps, if there had been a full understanding 
between all the American Powers who miiy assemble by their represenlutives, of 
the jftrmse questions on which they are to dehberate, and that some other mat- 
ters respecting' the powers of the deputies and the organization ot the Congresst 
should have been distinctly arranged, prior to the opening of its deliberations,'* 

SiC. 

THIRD PROOF. 

3fr. Clay to Mr. Odregon, JVovimber 30th. 

"I have the honor to acknowledg-e the receipt of your official note of the 3(1 
instant, communicating' a formal invitaiian from the Government of the United 
States of Mexico to that of the United States, to send deputies to the contempla- 
ted Congi^ss at Panama^" &c. &c. &c. 

FOURTH Proof. 

Frxnn same to same, Same date. 

*• It would have been better, perhaps, if there had been a full understanding* 
between all the American Powers, who may assemble by their representatives, of 
the precise questions on which they are to deliberate ; and that some other 
matters respecting the powers of the deputies and the organization of the Coif 
gresa, should have been distinctly arranged, prior to the opening of Its de- 
liberations," &c. 

Yes, sir, " deputies to a Congress*' is the invitation aiid the ac- 
ceptance. It is in vain to endeavor to cover it up with the drapery 
of names and titles^ The thing stands before you, stripped and. 
naked, in all the nudity, if not in all the beauty, of a Grecian statue. 
Words can neither hide nor alter it. It is a thing unknown to the 
Constitution, and the Constitutional question then recurs upon it-^ — 
can the President and Senate send the nominees, as public ministers 
to this Congress upon the Isthmus of Panama? I contend that they 
cannot ; neither to it, because it is not sovereign to receive them» 
nor diplomatic to negotiate with them; nor m^o it, for that would 
make our envoys a part of its organization, and ourselves parties to 
the confederacy; nor to act ivith it, because the Congress will act as 
an organized body, and our deputies as individuals. It is in vaia 
to affect indifference towards these difficulties. They are seen and 
felt by those who conduct this affair ; and the almost utter impossi- 
bility of managing it, is betrayed by the Babylonian confusion of 
terms and ideas which pervade their councils. Behold the effects 
of this confusion. The deputies to the Congress are called by all 
sorts of titles — agents, commissioners, representatives, plenipoten- 
tiaries, and finally promoted, in the President's nomination, to en- 
voys extraordinary and ministers plenipotentiary I The Congress 
itself is equally the subject of a vague and contradictory nomen- 
clature — sometimes a congress; sometimes a diplomatic assembly, 
■without power to negotiate treaties; once a Cortes; now an advi- 
sing council; then a committee of public safety ; and, at last swell- 
ed by the President into any assembly of nations !* Then, as to the 

* And, from this point of culiiiination, this position m the zenith, we presently 
behold a perpendicular plunge — a fall from lieaven to earth — from an jtisr.ittBiT 
OF HATioss to a " consultciti-js cottnci'," — ("^Messr^'e itt J/, JRJ 

4 



^(3 

powerfe and duties of the deputies themselves, what contradictions 
upon these points ! Sometimes they are to be giving' advice; some- 
times to be consulting; sometimes negotiating treaties, and some- ' 
times not; sometimes they are to *^ settle" the unsettled points in 
the laws of nations ; yea, sir, to give the law to the two Americas, 
and Europe, Asia, and Africa to boot ! Then they are to do nothing 
in tlie world but make bows and compliments, and walk in and out, 
like our territorial delegates, and exhibit the extraordinary spectacle 
of lobby ministers plenipotentiary and lobby envoys extraordinary I 
And, with all these high and low pretensions, they are to be worked 
through this chamber upon the plea of an innocent operation ; upon 
the recommendation of an old woman's medicine, that they -will do 
no harm if they do no good, 

I trust, Mr. Picsident, that it is now made clear, that the proposed 
ihission is unknown to the law of nations, and to the Constitution of 
this country ; but, as it may, nevertheless, be sent, it becomes my 
duty to proceed upon that supposition, to follow it to Panama, and to 
show that its objects are, in some respects, already accomplished, in 
others, unattainable, in others, inexpedient — that we have nothing to 
expect from it but a heavy item of expense, some unpleasant apologies 
to foreign nations, the risk of getting into difficulties with the ne\7 
Republics themselves; and that every desirable and attainable object 
would be better accomplished by an agent or commissioner, without 
diplomatic character, with little expense to our Treasury, and with- 
out harm to our Constitution. 

Pursuing these Ministers to Panama, we have next to inquire, what 
are the objects of interest to us, which are expected to be accomplished 
by them at that place ? 

The President, in his message, has enumerated several, at the head 
of which stands the item of commerce. Upon this subject, he ex- 
pects to establish — 1st. The doctrine, that free ships make free goods, 
2d, The restrictions of reason upon the extent of blockades. 3d. The 
" consentaneous" adoption ©f principles of maritime neutrality. 
4th. The principles of a liberal commercial intercourse.* 

* A fifth object to be accomplished by sending Ministers to Panama, is disclo- 
sed by the President in his message to the House of Representatives, and not 
disclosed in his message to the Senate, is the abolition of private war upon the 
ocean — that is to say, to abolish privateering. In his message to the House q£ 
Representatives, he places this object in high and bold rehef. He speaks of it 
in the following animated and and impassioned strain : 

" If it be true that i\\& noblest treaty of peace ever mentioned in history is that 
by which the Carthagenians were bound to abolish the practice of sacrificing 
their own children, because it was stipulated in favor of human nature, I cannot 
exaggerate to myself the unfading glory with which these United States will g» 
forth in the memory of future ages, if, by their friendly counsel, by their moral 
influence, by the power of argument and persuasion alone, they can prevail upon 
the American Nations at Panama, to stipulate, by general agreennfent among 
themselves, and so far as any of them may be concerned, ihe perpetual abolition 
cf private -war upon ihe ocean" 

'* It will be within the recollection of the House, that immediately after the 
close of the war of our Independence, a measure closely analagous to this Con- 
gress of Panama, was adopted by the Congress of our Confederation, and for 
purposes of precisely the same character. Three commissioners, with plenipo- 
tentiary-powers, were appointed t« negotiate treaties of amity, navigation and 



27 

The first question which presents itself, Mr. President, is one of 
power in the Congress to treat of these subjects at all. It seems to 
me tiiat it has no power to touch them. They belong to the " Foreign 
Relations" of the confederates, and these it is forbidden to the Con- 
gress to " affect in any manner," as shown in the analysis of its powers. 
The article to that effect is the same in every treaty. It is article 17th, 
in the treaty between Colombia and Chili ; 6th, in that of Colombia 
and Peru; 18th, in that of Colombia and Guatemala; and 1 7th, in 
that of Colombia and Mexico. It is in these words: 

" This compact of union, league, and confederation, shall not affect, in any 
manner, the exercise of the national sovereignty of the contracting parties, in 
regard to their laws, and the establishment and fofm of their respective Govern- 
ments, nor in regard to their relations nvith other Governments."* 

Here are three restrictions upon the powers of the Congress: 

1. Against interfering with the municipal laws of the confederates. 

2. Against interfering with their forms of government. 

commerce, with all the principal powers of Europe. They met, and resided for 
that purpose about one year at Paris ; and the only result of their negotiations at. 
that time, was the first treaty between tlie United States and Prussia — memorable 
in the diplomatic annals of the world, and precious as a monument of the principles, 
in relation to commerce and maritime warfare, with which our country entered 
upon her career as a member of the great family of independent nations. This 
treaty, prepared in conformity with the instructions of the American plenipoten- 
tiaries, consecrated three fundamental principles of the foreign intercourse which 
the Congress of that period were desirous of establishing. First, equal recipro- 
city, and the mutual stipulations of the privileges of the most favored nations in 
the commercial exchanges of peace ; secondly, the abolititn of private war upon 
the ocean ,- and, thirdly, restrictions favorable to neutral commerce upon belli- 
gerent practices." 

Upon this disclosure and animated appeal to the people, through the House 
of Representative, I have two remarks to make : 

1. That Mr. Adams ought to liave disclosed this object to the Senate ; and 
oannot be excused for the omission to do so, except upon the ground that he did 
not think of it when he was stating the objects of the mission to thtm. 

2. That Mr. Adams, himself, in his quality of Minister to Prussia, on the 11th 
day of July, in the year 1799, expunged the aforesaid most " noble," most " g-lo- 
rious," add most "precious," stipulation from our treaty with tnat Power. — {See 
Article 23d of the two treat ies with Prussia ; Laivs of the United Slates, pages 241 
and 259. The political pamphlets of the day, and the memoiy of individuals, 
contemporary with the event, asssert that great applause was bestowed upon 
the young negotiator, Mr. J. Q. Adams, for his success in getting this stipulation 

expunged. ~ , , • i i 

With respect to the value of the stipulation itself, I look upon it to have been 
of about as much consequence as if it had been made with the King of Prussia** 
neighbor, " the King of Bohemia .•" who, according to Tristfam Sharidy, had nei- 
ther sea-coast, nor sea-ports, nor ships; and with whom, of course, treaty-stipu- 
lations in favor of " human nature" upon the ocean, would be about as avaihng 
against " Orders in Council, and BerUn and Milan Decrees," as if they had been 
made with the King of .dshantee, or half-a-dozen yonng nations at Panama, who 
have, indeed, a plenty of sea-coast, but who for a long time, must be as destitute 
of naval force, and as incapable of regulating public or private war upon the ocean, 
as the King of Bohemia, the King of Prussia, or the King of Ashantee. 

As to Mr. Adams' diplomatic merits in the premises, I look at them in this wise :• 
Either he was wrong at Prussia in 1799, or wrong at home in 1826.— His admirers 
may divide as they please, but divide they must. 

♦ This is sufficient for the opponents of the mission ; bat for a more esact 
Hanslation, see the triplicate columns. 



28 

5. A{»ainst interfering with their foreij^n relations.* 
The last of these restrictions ought fo prevent the Conpjress from 
touching the commercial relations of the United States, with any or 
all of the Confederate Powers, iJut, admitting: that this restriction 
had not been imposed, would it then have been the part of a wise and 
prudent policy to open the subject of our commercial relations in the 
Congress of these Confederate Powers? I think not, Sir, for many 
reasons : and, first, because we have already so nearly all that we 
want from each of these Powers, respectively, that it would be im- 
politic to put to stake the much which we have in possession, for the 
chance of gaining the little which we have not yet acquired. With 
Colombia we have a treaty, ratified by ourselves about sixty days ago, 
containing every stipulation that we can possibly ask for: the flag, to 
cover the property ; free ships, to make free goods; the trade of the 
two countries to be phced on the liberal basis of perfect equality and 
reciprocity ; liberty of conscience, and the right of worship allowed 
to our citizens, and the privilege secured to them of being buried in 
decent and suitable places ; and, finally, the crowning stipulation, that, 
if a better treaty should be made with any other power, all the ad- 
vantages of it shall immediately accrue to the United States, in the 
sarne manner as if it had been made with us. This is certainly co- 
vering the whole ground for which we went in the mission to Europe, 
at the close of the Revolutionary war — it is gaining all that can be 
got from Colombia. Then for Guatemala. We have a treaty with 
her, ratified likewise by ourselves, at the present session, in which 
every point is secured which is contained in the one with Colombia, 
even to the stipulation for contingent advantages, in the formation of 
better treaties with other Powers. With Buenos Ayres and Chili we 
had no treaties, positively signed, at the dote of the last advices ; but 
our Ministers were in negotiation ; and, on the 28th of September 
last, our Governn,ent was officially informed that these negotiaiiona 
were probably concluded, and treaties signed by that time, which 
would contain every stipulation which had been put into the treaty with 
Colombia. — (See Mr. Poinsett's letter of thc(t date.) With Peru we 
have neither treaty nor negotiation ; but it is understood that a Charge 
d" Affaires will soon be sent to that country, and, unless he goes to make 
a commercial treaty, I presume he will go uncharged with any affairs 
at all. Mexico, alone, remains to he considered. With her we have 
interchanged Mmisters, and from our Plenipotentiary " near'* her Go- 
vernment, we are informed, under date of the 13th and 28th of Sep- 
tember last, that every article in the proposed treaty was adjusted 
to his entire satisfaction, save one^ and that one a proposition, on the 
part of Mexico, to reserve the right of granting some commercial 
privileges with the other American States, formerly Spanish, which 
would not be granted to other Powers. The last intelligence from our 

* The Committee of Foreign relations, in the House of Representatives, in a 
report, professedly replying to objections to the Panama mission, which objec- 
tions had not, at that time, been made any where but in the Senate, has quotci 
the first and second of these restrictions, and omitted the third. The omitted 
clause, I presume, was deemed by the Committee to be immaterial and not worth 
inserting ; but, in my opinion, the inserti,an of it would have aanihilated their re- 
port, 



so 

minister, left the negotiation hanging upon this single point, with a 
peremptory declaration, on his part, that he would never agree to it. 
Since then, the Message of the Mexican President to his Congress, 
has been seen and read by us all, in which iie speaks of this treaty be- 
ing so nearly concluded, as to enable him to say that it vvould be laid 
before Congress in a few days ! Then take this matter as you will ; 
in the first place, it is highly probf b!e that we have, before this time, 
treaties with all these Powers, containing every stipulation that we 
wish. Certain it is, that we have such with Colombia and Guatemala, 
tmo out of three of the Powers tiiat have invited ns to Panama. It is 
almost certain that we have the saaie from Mexico, the remainmg 
power that invited us---higtily probable that we have just what we 
want from Buenos Ayres and Ciiili ; and, if we have not, it would 
seem like a sleeveless errand to go to Panama to get it, because Chili 
has not invited us to meet her there ! :\nd Buenos Ayres has, her- 
self, refused to go there ! Neither has Peru invited us, nor can it 
be presumed that, without the expectation of seeing us at Panama, 
either this power or Chili has given full-powers to their plenipoten- 
tiaries to treat with us at that place. Shall we, then, voluntarily incur 
the hazard of losing all that we have secured from these nations 
separately, by opening fresh negotiations with them in a body ? 
Shall we run the risk of seeing Colombia, Guatemala, Peru, Chili, 
and the rest of them, innoculated witli this Mexican doctrine — a doc- 
trine so well calculated to become infectious, of granting to each other 
peculiar privileges to the exclusion of us ? Is not a bird in the hand 
worth two in the bush ? Are not four birds in the hand worth the 
feather of one in the bush ? 

But let us look further. Who is the negotiator contending with 
«ur Minister in Mexico for this doctrine of exclusive privileges ? Is 
it not Don Ramon Arisfie ? And who is Don Ramos ? A Catholic 
Bishop ; (and I do not mention this in derogation of his character, 
but for a purpose which will show itself in the proper place ;) a Ca- 
tholic Bishop, and one of the Mexican Plenipotentiaries to the Con- 
gress at Panama. Yes, Sir ; the negotiator selected to contend with 
Mr. Poinsett in Mexico for this doctrine of reserving peculiar com- 
mercial privileges among the new States, because they are akin to one 
another, and we are not akin to them — ihis negotiator is one of the 
plenipotentiaries appointed to meet our Ministers at Panania ! And 
is there nothing in this coincidence ? No visible sign about it, of the 
determination of Mexico to contend for the same thing in this Con- 
gress .•* To those who think so, the perusal of Mr. Poinsett's letters 
of the 1 3th and 28th September, will show them their error. They 
will there discover that Mexico is " obstinately bent" upon carrying 
this point ; that she looks to the Congress at Panama as the place at 
which she can carry it; and to the sensible answer of Mr. Poinsett, 
that, while our treaties with the other States continue^ they cannot 
enter into this arrangement with Mi-scico, the negotiators of this Power 
reply, that these treaties may be dissolved and even mention war as a 
means of dissolving them ! But tiicse passages are t"o material to 
be paraphrased ; let us have the information of Mr. Poinsett in his 
owB words ; 



80 

3fr. Poinsett's letter to Mr. Clay, September 28, 1825. 

EXTRACT. 

•" I replied, tliat this exception could now avail them (the Mexicans') nothlngf, as 
our treaty with Colombia, and those probably by this time concluded with Buenos 
Ayres and Chili contained no such provision. The Plenipotentiaries of Mexice 
hastily remarked, that a -loar might dissolve any one of those treaties, and, in 
such an event, they tliought Mexico ought to possess the power to evince her 
sympathies in favour of either of the American nations which had formerly been 
Spanish. To this observation I replied that I considered this argument conclu- 
sive why the United States should not accede to the insertion of such a provision 
in the treaty ; that I regarded a -war between the United States and any of the 
other Republics of America, as a very remote and improbable event ; but that I 
never would consent by treaty, to place the former in a less favourable situation 
than their enemies, if, unfortunately, those Republics sliould ever become so." 

Now, Mr. President, put this question upon either foot. Let it be 
assumed that Mexico has concluded a treaty witi'. Mr. Poinsett before 
this time ; or admitted that she has not. In the former case, it would 
be idle to go to Panama to conclude it over again ; in the latter it 
would be the extreme of imprudence to refer the subject to the Con- 
gress at Panama ; because we should then have to open all our trea- 
ties with the other Powers upon the same point, and to run the risk of 
a general combination of those States against us. The improvidence 
of doing this now, is even greater than it would have been when Mr. 
Poinsett wrote ; for, since that time, Guatemala has concluded her 
treaty with us, upon our own terms. Mexico is left alone, and must 
yield if we stand still and do nothing ; for it is impracticable for her 
to grant these exclusive privileges to the other Stales, until they are 
loosed from their treaties with us, and free to grant them back again 
to her. Why, then; spoil our own market by a childish over eagerness 
to trade ? 

So much for the item of commerce : enough, I think, Mr. Presi- 
dent, to prove two things ;. first, that the Congress at Panama, has no 
power to treat upon the subject at all ; and, secondly, if it had, that 
it would be unwise and improvident in us to go there to treat about 
it. 

But the President proposes another object in the same paragraph 
of his message — which relates to commerce, and somewhat in con- 
nexion with that subject. It is the establishment of certain unset- 
tled and disputed principles of national law. 

I hold it to be a sufficient answer to this suggestion, to refer again 
to the third restriction upon the powers of the Congress ; the one 
which forbids that body to touch the subject of foreign relations. 
But there is another point of view in which to look at this sugges- 
tion, and to arrive at the same conclusion. The law of nations is 
eithcY natural, derived from the law of nature ; or conventional, de- 
rived from treaties ; or customary, founded upon usage. The intro- 
duction of any new principle into the body of national law, or the 
restoration of any old principle to it, in either the natural or the 
customary \di\v,-w\\\ he. out of the question at Panama; and the al- 
terations made by treaties are only binding upon the parties to the 
treaty. (Vattel, section 2i of the Introduction.) And even without 
a book to tell us this, natural reason would seem to say, that half a 
"dozen of the youngest and weakest nations upon earth, collected it a 



31 

corner of the worl3, woiild not be able, by any agreement among 
themselves, to give a new code of national law to the oldest and most 
powerful. 

The subject next mentioned in the Message, is that of religion. 
The President expresses an opinion that our Ministers at Panama 
can be instrumental in effecting a change in the Constitutions of the 
new Republics, favoi'able to the cause of religious liberty. He says 

♦« Some of the Southern nations are, even yet, so far under the dominion of 
prejudice, tliat they have incorporated, v/ith their political constitutions, an ex- 
clusive church, without toleration of any other than the dominant sect. Tlie 
abandonment of this last badge of religious bigotry and oppression, may be press- 
ed more effectually by the united exertions of those who concur in the princi» 
pies of freedom of conscience, than by the solitai'y efforts of a Minister at any 
one of the separate Governments." 8;c. 

This, Mr. President, is the declaration of a direct intention to in- 
terfere with the internal affairs of the Spanish American States. The 
President proposes to effect an amendment in their " potitical con- 
stitutions," in one of their fundamental and most valued articles. 
This is an act which he has no right to do, and which our intended 
Ministers cannot attempt, without giving just cause of offence. I 
admit that the President may recommend to us an amendment in 
our Constitution, and I should be glad to see him do so in a certain 
particular; but I deny to him any right to propose amendments to 
the Constitutions of foreign nations. It is true, sir, that he pro- 
poses the mildest mode of operation, that of " moral influence :" but 
even this is forbidden by the law of nations. The books forbid it 
expressly. Listen to Vattel : 

" It is the business of the nation alone to judge all disputes relating to its Gov- 

ernment No foreign power has a right to intefere If any intrude 

into the domestic affairs of another nation and attempt to infldenge its deUbera" 
tiona, they do it an ikjurt." {Book 1. chap. 4, sec. 37. 

Advice without request, is Mr. President, intrusive, and offensive 
alike to nations and to individuals. This is the case on subjects of 
ordinary policy ; how much greater the injury, how much deeper the 
offence, when the interference touches their religion ! AlPsects are 
sensitive upon this point, and Roman Catholics above every other. 
The Catholic is the mother church ; and, whether right or wrong in 
their belief, every individual belonging to it reposes upon the truth 
of its doctrines with an unwavering and perfect faith. What, then, 
will be the fate of our Ministers, if they undertake to ^^ firess the 
abandonment" of a fundamental article of that religion, now " incor- 
porated with the Constitutions" of the new Republics, and treat it 
as a " badge of bigotry and oppression ?" The Committee of Foreigri 
Relations have hinted at their possible fate, and I wiH now improve 
upon their suggestion, and back it with the books. The committee 
have suggested that the invitation given, would be withdrawn as 
soon as our ministers unmasked their designs upon the religious es- 
tablishments of the new powers ; I will suggest further, that, in ad- 
dition to this withdrawal of invitation, they might be ordered to quit 
the territories of the confederates as disturbers of the public peace, 

[Here Mr li. read several passages from Vattel, to shew that an ambassador 
is not allowed the public exercise of a religion not tolerated by the law of the 
land ; that he would be considered as a disturber of the public peace, and migh' 
b$ ordwcdi out of th(j country, for §M.?h »n offence.] 



33 



And continued— If, then, the public exercise of a religion, nottole- 
rated, would be an dffence in an Ambassador, for the commission of 
which, all the high priviltgts of his character could not save hina 
from expulsion, what else, in addition to this penalty, niight he not 
expect for attempting to create that universal disturbance which 
would result from the commission of the same oftence by all de- 
scriptions ol persons, foreigners as well as citizens ? Aid to 'V horn, sir, 
is this proposition to be addressed ? W ho is it that art to !)<: told that 
they are " under the dominion of prejudice ?" Who is it that are to 
be tharged with " bigotry and oppression ?" It is an assembly of Ro- 
man Catholics, one ot them, at least, a Bishop in full pontificals, 
bound to preach, as the others arc bound to believe, that '' without 
the. pale of the Roman Ca'holic church, there is no salvation." And 
is tills the way to negotiate, lo make treaties, and draw closer the 
bonds of friendship between us and the Spanish American States?'* 
I had always understood that the first business ui the negotiator was 
to gain the good will of the opposite party, and that, when this was 
effected, his treaty was more than half made. But here we are to 
set out with insults upon the religion of the opposite party, and out- 
rages upon their prejudices, (if you will,) with committing an offence 
against the law of nations, for which our ministers may be ordered to 
quit the country ; an offence precisely equal to an attempt on the 
part of their ministers, now in this city, to »^ exert" their " moral in' 
jffuence'^ to procure an amendment in our C j stitution to make the 
R> 'nan Catholic Religion the established cliiirch in these U. States.* 

* 111 the President's message to the House of Representatives, this subject of 
Keligi>>n is presented under an aspect entirely different from the view above 
taken. I am one of those who complain of that difference, and to enable the 
candid part of the community to judge for themselves, I will here insert the two 
paragraphs in parallel columns : 



Message lo the Seruite. 

There is yet another subject, upon 
which, without entering into any treaty, 
the moral influence if the United States 
may, perhaps,be exerted with beneficial 
consequences at such a meeting — the 
advancement of religious liberty Some 
of the Southern nations are, even yet, 
so far under the dominion of prejudice, 
that ihey have incorporated, with their 
political constitutions, an exclusive 
church, without toleration of any other 
Ihaii the dominant sect The abandon- 
ment of this last badge of religious bigot- 
ry and oppression may be pressed more 
effectually by the united exertions of 
those who concur in the principles of 
freedom of conscience, upon those who 
are yet to be convinced of their justice 
and wisdom, than by the solitary efforts 
of a minister to any oae of the separate 
.Covcniments- 



Message to the H. of Refiresentatives. 

And lastly, the Congress of Panama 
is believed to present a fair cccasion for 
urging upon all he new nations of the 
South, the just and hberal principles of 
religious liberty. Not by any intefer- 
ence whatever, in their internal con- 
cerns, but by claiming for our citizens, 
whose occupations or interests may Call 
them to occasional residence in their 
territones, the inestimable privilege of 
worshipping their Creator according to 
the dictates of 'heir own consciences. 
This privilege, sanctioned by the cus- 
tom nry law of nations, and secured by 
tre.ay stipulations in numerous national 
compacts secured even to our own 
cilLaens in die treat es with Colombia, 
and with the Federation of Central 
Amtnca is yet to be obtained in the 
other South .American States and NJexi. 
CO Existing prejudices are still strug- 
g ing .igai St it, which may, perhaps, be 
more successfully combatted at tiiis 
general meeting than at the separate 
seats of Govormwt of each Republic, 



83 

A third object to be accomplished by this Congress, is one in- 
distinctly seen in tire message* — the establishment of a league of 
Republics to counterpoise the Holy Alliance of Europe. The honor 
of being at its head, seems to be tendered to us. This, Mr. Presi- 
dent, is a most seductive object. It addresses itself to the generous 
and heroic feelings of our entire population. The brilliant honor 
of presiding in a such a league would cast a new splendor over our 
administration; but it is the business of those who are appointed 
by the Constitution to counsel the President about it, to take coun- 
sel themselves rather from their judgments, than from illusions of 
glory, and the ardent feelings of young men. 

The despots of Europe have confederated for the purpose of 
putting down liberty. They have embodied one million five hun- 
dred thousand bayonets to march against the banner of freedom 

I raain.aln, that the first messag-e proposes an interference in the internal con* 
cernsof the Spanish American States ; the latter, I admit, suggests nothing but 
a laudable and familiar proposition. No!)ody could object to it. The Senate, 
the " nineteen'' included, would not : for, in the moaths ofDecembef and Janua- 
ry preceding', they had unanimously ratified the Col ombian and Guatemalian 
treaties, eac ; of which contained the stipulation for freedom of worship and right 
of burial in decent and suitable places. I have heard of no difficulty in getting 
the privilege of worship from " the separate Governments ;" we have it from them 
as far as we have treaties vvith them ; and i can see no necessity for going to Pa- 
nama for it. 

In the second message, there is also this sentence : 

" It may be, that in the lapse of many centuries, no other opportunity so fa- 
vourable will be presented to the Government of the United States to subserve 
the benevolent purpose of Divine Provideiice, to dispense the promised blessings 
of the Redeemer of mankind." 

I do not like this jauibling of politics and religion. 

In monarchies, Church and State naturally go together ; in Republics, they 
should be kept apart. Their union is more dangerous to liberty, than the union 
of the purse and the sword. It was the religious consular order of 1801 for the 
burial of Pius 6th, that made the ten years' Consul a Consul for life. — Every 
Catholic in France voting for the life-estate, at the election of 1802 ; and this 
estate was only converted into a fee simple by the Conservative Senate in 
1804. — The buri.al of a dead Pope, in 1801, brought a living one to Paris 
in 1804. to exclaim at the Imperial Coronation, " Viva' Imperator in ceter- 
?mm," " May the Emperor live forever !" After all, the Consul, General, and 
Emperor, had no religion at all. This he told us at St. Helena. In Egypt a 
Mussulman, in France a Catholic, in St. Heleta a Free-thinker. 

I say, I do not like this jumbling of politics and religion. My dislike to it dates 
from the reading of Cromwell's expulsion of the Rump Parliament, when he said 
to one member, " thoti art an adulterer ;" to another, " tAotc art a h/fpocrite ,•" to 
a third, "the Lordhnthno further occasion for thee," and to the whole, — "I have 
besought the Lord, night and day, not to put me upon this work ; but he hath 
sent me here to drive ye all away — get ye gone !" 

* The President in his second message, the one to the House of Representa- 
tives, has come |outj more explicitly on this subject. He even seems to stimu- 
late Congress by piquing their pride on the delicate article of their animaal cour- 
age. He says, (ui answer to the supposition that the Holy Allies may take of- 
fence at this meeting at Panama) tliat " The Holy League of Europe itself was 
formed, without inquiring of tiie United States, whether it would, or would not, 
give umbrage to them. The fear of giving- umbrage to the Holy League of Eu. 
rope, was urged as a motive for denying to the American nations the acknowl- 
edgment of their Independence. That it would be viewed by Spain as hostility 
to her, was not only urged, but directly declared by her.self. The Congress and 
admiiiistration of that day consulted their rights and d'lties, and not thejr Fkaius,'* 



■« hcrevcr it can be seen. One of the firotcgc^ of this alliance is en\ 
gaged in war with the Spanish Anrerican States, formerly his colo- 
nies ; and these states have confederated against him^ as we con- 
federated against our ancient master, in the war of the Revo- 
lution. For the success of all their objects in this confederation, 
they have the prayers and the best wishes of all the friends of liberty 
throughout the globe. But I cannot advise the President to enter 
into this confederation as a partner, neither upon the open sign, nor 
in the secret articles.* I cannot approve even of a dormant part- 
nership in this business. Not that I am determined, in no event, to 
make common cause with these new republics, or any one of them, 
in a contest with the combined powers of Europe ; but because I 
■would be the judge of the occasion which required me to do so, and 
free to act as I thought proper, when the occasion occurred. The 
occasion may occur, Mr. President. We have the Holy Allies in 
front and in rear, in Europe and in Asia. They may conceive it to 
be the shortest way of accomplishing their final object, to extin- 
guish, at once, the light of liberty in the new world; and the sub- 
jugation of the new Republics might be the first step in that great 
work. In such an event, I would not wait for the dastardly privilege 
of being the last to be devoured. I would go into the contest from 
the beginnings* I would grapple the universal enemy while he was 
engaged with my neighbor ; I would go into the conflict not as ally, 
but as principal; not with regulated quotas and starveing contin- 
gents, but with all our power by land and sea. I would go into it to 
conquer or to perish. I would stake life and pro{>erty, and House- 
hold Gods, upon the issue. I would fight the battle of desperation 
and of death. It would be the last struggle for human liberty, and 
should be worthy of the cause; great in the triumph, and greater 
still in the fall I 

The relations of Hayti witt> the American states, (these United 
States inclusive) and the rights of Africans in this hemisphere, are 
two other questions to be '■'■determined" at the Isthmus. We learn 
this from a paragraph in the letter of Mr. Salazar, the Colombian 
Minister. I will read it: for in matters of this kind, we cannot be 
too exact. 

The Paragraph. 

" On what basis the relations of Hayti, and of other parts of our hemfsphere 
that shall hereafter be in like circumstances, are to be placed, is a question sim- 
ple at first view, but attended with serious difficulties when closely examined. 
I'hese arise from the different manner of regardinsr Africans, and from their 
different rights in Hayti, the United States, and in other American States. This 
question will be determined at the Isthmus, and, if possible, an uniform rule of 
eonduct adopted in regard to it, or those modifications that may be demanded by 
circumstances." 

Our policy towards Hayti, the old San Domingo, has- been fixed', 
Mr. President, for three and thirty years.- We trade with her, but 

* The Colombian Minister proposes that a defensive alliance against European 
Powers shall be formed between the United States and the Confederates at Pa^- 
n^ma, to be kept " secret" until the cams fxderis should occur. (Letter to Mr. 
€lay, N»v. 2d, 1825.) 



35 

uo diplomatic relations have been established between us. W« 
purchase coiFee from her, and pay her for it ; but we interchange no 
Consuls or Ministers. We receive no mulatto Consuls, or black 
Ambassadors from her. And why ? Because the peace of eleven 
states in this Union will not permit the fruits of a successful negro 
insurrection to be exhibited among them. It will not permit black 
Consuls and Ambassadors to establish themselves in our cities, and 
to parade through our country, and give their fellow blacks in the 
United States, proof in hand of the lionors which await them, for a 
like successful effort on their part. It will not permit the fact to be 
seen, and told, that for the murder of their masters and mistresses, 
they are to find friends among the white people of these United 
States. No, Mr. President, this is a question which has been de- 
termined HERE for three and thirty years ; one which has never been 
open for discussion, at home or abroad, neither under the Presidency 
of General Washington, of the first Mr. Adams, of Mr. Jefferson, 
Mr. Madison, or Mr. Monroe. It isone which cannot be discussei 
in this chamber on this day ; and shall we go to Panama to discuss 
it? — I take it in the mildest supposed character of this Congress — ■ 
shall we go there to advise and consult in council about it ? Who 
are to advise and sit in judgment upon it ? Five nations who have 
already put the black man upon an equality with the white, not only 
in their constitutions but in real life ; five nations who have at thi;^ 
moment (at least some of them) black Generals in their armies and 
mulatto Senators in their Congresses i And who is the counsel re- 
tained on our part, to plead our cause before that tribunal ?... .Mr. 
President, have we forgot the Missouri question, its agitators, and 
their doctrines ? I say the agitators 1 for I separate the credulous crowd 
that followed, from the designing few that went ahead. Have we 
forgot the doctrines and the jeadars of that day ? — On this floor we 
had one, who proclaimed to our faces, that slavery did not exist i 
could not exist 1 was condemned by God and man ! by our own Dei- 
claration of Independence! by the nature of our Government ! and 
that the Supreme Court would so declare it I Well, sir, this gentle- 
man has been sent to London, to plead the cause of slave-holders 
before the King of Great Britian ; to claim payment for slaves taken 
from us during the war, twelve years ago, and payment withheld 
ever since, in violation of the treaty of Ghent. This gentleman was 
one of those agitators, and we thought him for a long lime the most 
violent and determined ; but not so the fact : for when this gentleman 
had lost the " restriction" he scorned to go against the '■'■constitution'* 
on account of some few negroes and mulatoes. He told me so him- 
self, and his conduct was conformable to his declaration : for he 
spoke no more on the subject- 
But now came forth, upon another floor, another agitator, of 
far different temper ; who, having taken the hold which knows no 
relaxation, resisted the admission of Missouri during the entire ses- 
sion of 1820 — 'fil,upon the single isolated point o^ free iiegroes' and 
mulattoes' rights I And now, this very individual, who kept Missouri 
out of the Union for one whole year, because she would not take 
Iree negroes and mulattoes into her bosom — this identical individual 



86 

i* to go to Panama to prevent the black ambassadors and consuls 
from Saint Domini^jo, from coming into the bosom of the United 
States! But gentlemen say it is only for advice and consultation. 
I ans.ver, that the question is not debateable, neither at home nor 
abroad; not even in this chamber, where we have sincere advocates 
and unprejudiced judges. In reply to our objections to Mr. Ser- 
geant, they say that Mr. Anderson goes along to plead the cause of 
the slave holders. I say, if he must go upon such an errand, give 
him an assistant, not an opponent. Give him another Southern man, 
not a Missouri agitator, not a President of an Abolition Society, not 
the veteran advocate of free negroes* and mulattoes? rights ! * They . 
say they omy go to consult ! 1 say, there are questions not debate- 
able. I would not debate whether my withholding the advice which 
the President requires upon this occasion, is the effect of a ^^ factious 
and unfirincipled opposition ;" I would not debate whether my slave 
is my property ; and I would not go to Panama to " determine the 
rights of Hayti and of Africans" in these United States. Mr. Pre- 
sident, I do repeat, that this is a question which ought not to be agi- 
tated by us, neither at home nor abroad. The intentions of the agi- 
tators are wholly immaterial. The consequences to us will be the 
same, whether their designs be charitable or wicked. Knaves can 
do nothing without dupes. The wicked would be harmless, were it 
not for the good men who become their associates and instruments. 
Who made the massacre of San Domingo? Was it not the society 
oi ^^ Les A?nis des JVoirs" -f in Paris? And who composed that so- 
ciety ? I answer, every thing human, in the shape of virtue and of 
vice, from Lafayette aiid the Abbe Gregoire, down to Marat and 
Anacharsis Klootz. The speeches, the writings, and the doctrines of 
this society, carried to San Domingo by emissaries with " religion in 
their mouths, hell in their hearts, and torches in their hands," pro- 
duced that revolt, the horrors of which yet haurow up the soul, and 
freeze the blood. — That revolt, in which the sleeping babe was mas- 
sacred in its cradle — in which the husband and the father, tied to his 
own gate, beheld, by the light of his bummg house, the violation of 
his wife — saw his daughters led off — and received, as a relief from 
his horrors, the blow of the axe which scatteied his brains upon the 
ground. And how was the news of these scenes received in Paris,, 
by the authors of so much mischief? Very different, Mr. President, 
by the different members of the society. The hearts of the good 
were rent with anguish ; but the wicked rejoised with an exceeding 
joy. Their dens, smeared with human blood, resounded with accla- 
mations !-—r" /'em/i the Colonies— save the principle !" was the cry 
of these infernal monsteus ; and have we not got societies here tread- 
ing in the steps of that at Paris ? Is not our advocate at Panama a 
President of one of these societies, whose principles, " carried out to 
their legitimate conclusiojis,''' will justify the slaves of this continent 
in re-enacting the tragedy of San Domingo ? Are not the slave- 

* The vote on Mr. Anderson's nomination was one more, in his favor, than there- 
Was in favor of Mr. Sergeant. Mine made the difference, 
t *• The/i-iends of the blacks ?" 



37 

holding States filled with emissaries, preaching doctrines which lead 
to the same result? Has not a second Jltiacharsis Klootz appeared 
in France, sent his petition here, and found a person in the Speaker's 
chair to present it to the House of Representotives, in which the 
total destruction of all the slave-holding States is recommended as a 
« sublime" measure ? 

[Mr. B. also referred to an address delivered by Judge Story, to a Grand Jury 
in Boston, during the agitation of the Missouri question, which he considered to be 
uncalled for by the case before the Court, and going the whole length of justifying 
the insurrection of our slaves. He quoted from memory, and begged to be cor- 
rected if he was wrong. He paused for the correction — none was given.]. 

But there is one other point of view, Mr. President, in which 1 
wish to look at this black and mulatto question. It is that point of 
view which exhibits the real parties to it, their conduct upon it, and 
their weight in its decision. Who are the real parties? They are 
the States south of the Potomac, south of the Ohio, and the State 
upon the right bank of the Mississippi. What is their conduct ? 
They are in the opposition, united, sir, against this mission, solid as 
a wall of granite, some fissures about the edges excepted. And 
what their weight in the decision ? A feather ; dust in the balance !■ 
Yei, sir, the real parties to this question are disregarded, and stran- 
gers to their interests decide it for them. 

The last, and the main argument, relied upon by the President, for 
sending this mission, is the fact af invitation to do so. This he calls 
Xht'-^ decisive inducement ." The President is particular in the use 
of words ; we are permitted, therefore, to say, that all other reasons 
for sending the mission were /^ersMasroe only, until the weight of this 
invitation decided his mind. I felt the full force of this decisive rea- 
son myse4f. Invitations to mere individuals are often embarrassing, 
and cannot be accepted without inconveniences or impropriety, nor 
refused without giving offence. With nations, the acceptance or 
decline of respectful invitations, often become an affair of state, full 
of responsibilities. When then I saw it stated in the newspapers, 
that wc had been '' invited " I felt the delicacy of the position in 
which our Government was placed. When the annual message was 
read, and I heard from authority, that the invitation had bii(;n given. 
and accejited^ and that ministers would be commissioned^ I was ready 
to give my advice in favor of sending them, with a protest against 
the President's right to send them without such advice. When the 
message of the 26th December was read, and the fact of the invita- 
tion placed in high relief, as the decisive cause, I responded to the 
sentiment, and said to the Senator next to me, " that is the strongs 
est of all the reasons."* But what was my astonishment on coming 

* In the Presilent's message to the House of Reprc;sentatives, he dwells with 
warmth and animation upon the force of this invitation. He makes it an aftkir of 
tnsidt to refuse it. " To ijjsit/i ■ hem by a refusal cftlieir overture." "To meet 
the temper with which this proposal was made, with a cold repulse." "Nothing 
can be gamed by sullen re/»?«.'ses and .\.spiuis ■■ pretensions." Such is the lan- 
guage of the message to the otlier branch of the Legislature. But I deny that 
the alternatives lay between a blmd acceptance, an-i a cold, sullen, and insulting 
refusal ! I say that the President and his cabinet would hare proved themselves 



38 

to look among- llie appended documents, to find out the real circum- 
stances of this invitation ! I found them to be entirely different from 
what I had supposed them to be, and from what the newspapers and 
the President's Messages had induced me to believe them to be. But 
as this ground is delicate, sir, I must trust nothing to memory, nor 
even to my notes. Let the President's organ speak, the report of 
the Secretary of Stale, which accompanied the message of Decem- 
ber 26th. 

The Rejiort. 

"Sir: Agreeably to your direction that a statement should be presented to 
you of what passed in the Department of State, with the Ministers of the Repub- 
lics of Colombia, Mexic i, and Central America, in respect to the invitation to the 
United States, to be represented in the Congress at Panama, 1 have the honor 
now to report : 

" That, during the last Spring, I held seperate conferences, on the same day, 
with the respective Ministers of Mexico and Colombia, at their request, in tlie 
course of which, each of tliem verbally stated that his Government was desirous 
that the United States should be represented at the proposed Congress, and 
that he was instructed to communicate an invitation to their Government to send 
representatives to it. But that; as his Guvernment did not know whether it 
would, or would not, be agreeable to the United States, to receive such an invi- 
icUion, and as he did not ti-ish to occasion any embarrassment, he was charged infor- 
inalbj to in/jiiire, previous tu the delivery of the invitation, whether it would be ac- 
cepted, if given by both of the Republics of Mexico and Colombia. It was also 
stated, by each of those Ministers, that his Government did not expect that the 
United States would cliange their present neutral policy, nor was it desired that 
they should take part in such of the deliberations of the proposed Congress as 
might relate to the prosecution of the present war. 

" Having laid before you what transpired at these conferences, I received, about 
a week after they had been lield. your direction to inform the Ministers of Mex-- 
ico and Colombia, and I accordingly did inform them, that their communication 
was received with due sensibility to the friendly consideration of the United 
States by which it had been dictated ; that, of course, they could not make them- 
selves a party to the existing war with Spain, nor to councils for deliberating on 
the means of its further prosecution ; that the President believed such a Congress 
as was proposed, might be highly useful in settling several important disputed 
questions of public law, and in arranging other matters of deep interest to the 
American Continent, and strengthening the friendship and amicable intercourse 
between the American Powers ; that, before such a Congress, however, assem- 
hied, it appeared to him to be expedient to adjust bet-ween the different poivers to 
be represented st\QYa\ preliminary points, such as the subjects to which the atten- 
tion of the Congress was to be directed, \he nature and theyirm of the/>ower« to 
be given io the diplomatic agents who were to compose it, and the mode of its or- , 
ganizution and action. If these preliminary points could be arranged in in a man- 
ner satisfactory to the United States, the Ministers from Colombia and Mexics 
were informed, that the President thought the United States ought to be repre- 
sented at Panama. Each of those Ministers undertook to transmit to his Go- 
vernment, the answer which was thus given." 

to be unfit for their stationsif they could have discovered no middle ground be- 
tween these two extremes. They did see the middle ground. They resorted 
to it. Thpy took a position upon it like statesmen ; occupied it for six months ; 
and then abondoned it without any reason that has been shewn to us, the Senate. 
Then why this talk about insult in the second message ? Is it an after thought, 
^ piece of material, to be worked up with other material, to compose an impag-. 
sioned appeal to the People through tlie medium ©f the House of Representa- 
tives : 



This report, Mr. President, put a new face upon the character of 
the invitation. I found it had not been peremptory, not of a kind to 
impose an obligation of acceptance, nor so understood by either of 
the parties. I found that our Government had been sounded with 
the utmost delicacy, in an unofficial conversation, to know wh-ether 
it would be agreeable to itself to receive the invitation, and that the 
President had met the overture with the utmost propriety, with 
friendly professions, and with a stipulation for pleliminaries which 
gave him the 'vantage ground, and enabled him to accept the invi- 
tation, eventually, with safety and honor, or to decline it without 
offence. Thus far the conduct of both parties must receive an un- 
qualified approbation. But what next? Why, sir, on the second, 
third, and fourteenth of November ensuing, the preliminaries not 
being complied with^ the invitation is delivered in form ; and on 
the thirtieth of the same month it is accepted " at owc(?."— Six 
months roll away, and at the end of that time, the ministers send in 
their answers, the conditions not complied with, and our Govern- 
ment accepts " at once." Call this an invitation ! Sir, it is but lit- 
tle short of the reverse — We are invited provisionally, — we make 
conditions; — the conditions are not complied with; but the invita- 
tion is extended in form. What is this but a dispensation to stay 
away ? The non-compliance with the conditions is the substantive 
answer, and the formal invitation to attend, nevertheless^ isfc. is the 
compliment to grace the repulse. — Let any gentlemen make the case 
his own. He is invited to a party, either for business or pleasure — 
he makes conditions — -he must know four things, or not come. The 
four things are told him, but the inviters say, " ive shall be glad to 
see your sir!" — What is this but leave of absence ? Sir, I am not 
joking about this matter. I do believe that our attendance, at the 
forepart of this session, will be embarrassing and disobliging to the 
Confederates, and that, if they wish us to come at all, it is not irnme- 
diately. I will give another reason for this inference, in the proper 
place. At present it is sufficient to know the fact, that these con- 
federates are determined upon the invasion of Cuba and Porto Rico, 
and that we are going to Panama to advise against it. 

From this view of the invitation, it is clear that it v/as not of a 
character to lay us under an obligation to accept it — that we might 
have declined it without offence, and that our final acceptance was 
more our invitation than theirs. But there are two other aspects 
under which this invitation is still to be looked at. In the first 
place, it comes from a part only of the confederates — three out of 
j^ve — Colombia, Mexico, and Guatemala; Peru and Chili not hav- 
ing joined in giving it. In the next place, our invitation is by word 
of mouth, or, at least, by a note. We go, if we go at all, upon a 
parole request, whereas all the other powers go upon treaties. They 
create the office by treaties, before they fill it, and in this they do 
right. Their Constitutions are copied from ours, and from their ex- 
ample our Government should learn, if not from 02;r arguments, that 
this office should be created before it is filled. But, on these poinib, 
as on many others, I limit myself to stating the proposition, and 
pefer the Senate t» the unansAVercd and irrcfutcible arij-uments of 



40 

gentlemen who have preceded me — the Senators, Macon, Randolphs 
Hayne, Woodbury, Dickerson, Van Buren, White, Holmes, Berrien, 
and him whose argument we have, but unhappily not his presence — 
Tazewell: These have broke the way before me, overturned all 
obstacles, silenced all voices, and left to me the easy task of follow* 
ing in the rear — a file closer in the column which traverses the field 
witliout resistance. 

Some further arguments, Mr. President, and of a kind which I 
was not prepared to hear, have been pressed into the service of this 
mission. It is said that our refusal to give this advice will em- 
barrass the President ; that he has already accepted the invitation, 
and informed the world that Ministers would be sent; and that he 
will disgraced if they do not go. We have just seen, sir, what 
manner of invitation this is; and as for that precipitate acceptance, 
six days before the meeting of the Senate, to urge this acceptance 
in favor of our acting, at this time, would be to make one act of" 
imprudence a plea for an other; and, as for the decalration, that 
Ministers would be commissioned, I look at it in this wise : £[• 
ther the President still believes that he has the right to do that 
thing, or he does not. Take which you please. In the first case^ 
let him send out his ministers, and meet his responsibility to this 
to Senate and to the people; in the other, let him acknowledge his 
error, make atonement to the offended majesty of the Constitution, 
and relieve himself and us from the effects of the strife which must 
otherwise subsist between us, and spread itself throughout the 
states of this Confederacy. 

The argument of embarrassment is one to which I am not insen- 
sible, and one to which I have already tiyice yielded under this ad- 
ministration. I allude to the nomination of Mr. King. In that case I 
yielded to the embarrassment? but the present does not come forward 
under similar circumstances of excuse and mitigation. In that case 
the nomination was one of six months standing; the Minister was 
gone, with his children and grand-children — he was at his post, en- 
gaged in his negotiations — his outfit and salary in his pocket. Here, 
on the contrary, is an acceptance of six days; the nominees yet at 
home ; their salaries yet in the Treasury. Mr. King's nomination 
was to fill a vacancy — a/zro. tern, appointment, to endure to the end 
of this session of Congress — and was clearly within the Constitu- 
tional competency of the President: but the institution ©f this Pa- 
nama Mission, was a new measure — the promise to send ministers 
was a promise to make an original appointment, and clearly without 
the President's power. My reasons for yielding to embairassment, 
in the case of Mr. King, do not apply here. The Senate have their 
rights as well as the President, and it is their duty to transmit them, 
unimpaired, to their successors. One, and the most important of 
these rights, is that of free deliberation. They are made counsel- 
lors to the President— they were intended to be an efficient body, a 
check and control upon the President — in some respects superior to 
him, particularly in the article of impeachment ; for the Senate may 
sit in judgment upon the President, and pronounce the forfeiture of 



41 

of his office ; but even then they could not judpfe of his " J«o^iTye«'**-* 
that would belong to God. They could only judge him by his acts, 
"We have aright to give him advice, in the plain meaning of the word 
-—advice before-hand, to regulate his conduct, and not advice after 
the fact, to confirm and applaud what he may have done. To give 
this advice like Senators — like freemen, and in the spirit of the Con- 
stition, we must be untrammelled and unembarrassed. The Presi- 
dent has no right to embarrass us ; yet he has twice done so in one 
session. Once we have yielded — shall we yield again, and so on 
from time to time, until the American Senate shall degenerate into 
a Parliament of Paris — a Bed of Justice, for the registration of Pre^ 
sidential edicts f Yet this is the real argument which is getting 
this Panama Mission along. This consideration is dragging it 
through the Senate, and, this left out, and ourselves fairly consulted, 
according to the spirit of the Constitution, and left free to act, with- 
out giving offence, and my word for it, the voice would be general, 
if not unanimous, against appointing ministers, and in favour of 
sending agents or commissioners 

Another argument near akin to the one last mentioned is also urged 
tipon us — one which addresses itself to the kind feelings of the Senate^ 
and asks if they have not confidence in the President ? I answer 
that this is not a case for confidence, but for advice. The two things 
are distinct in their nature, and ought not to be confounded in prac- 
tice. There are cases when the President has a claim to confidence, 
and then it would be a breach of the spirit of the Constitution to 
•withhold it; but in this case he asks for advice, that is, for us to tell 
him what he ought to do, and, instead of giving him real counsel to 
do a thing, or let it alone, this miserable argument of confidence 
steps forward to say, " Do as you please, Sir." In a case of real dif- 
ficulty, Mr. President, such good natured counselling would give the 
Executive no help ; and, in a case in which he was determined to 
have his own way, such tame acquiescence in his views would sink 
the Senate into a mere approbatory council, and place them as a sort 
of political break-water, between the President and the People, to 
shelter him from the tempest of their just indignation. 

fThere is one other considerati n, Mr. President, which I wish to 
bring to bear upon this question — a consideration which would have 
commanded considerable attention about a quarter of a century ago, 
but for which I cannot claim much respect in these "sky-light," ov 

* This refers to the President's confidential message to the Senate, of Ft brua- 
ry 17th, in which the imputation of bad motives in the Senate, and the Presi- 
dent's claim to judge them, seems to be inferrible. The following is the seiv 
tence : Let the reader judge. 

" Believing that the established usages of free confidential communication! be- 
tween the Executive and the Senate, ought, for the public interest, to be pre- 
served unimpaired, I deem it my indispensable duty to leave to the Senate itself 
the decision of a question, involving a departure, hitherto, so far as I ara inform- 
ed, without example, from tliat usage, and upon tiie motives for which, not being 
informed of them, I do not feel myself competent to decide. 

JOHN QUINCY ADAMS." 

t This topic was pretermitted in the spoken speech, bet it 13 deenied neeessary 
*o a fair view of the mission, to insert il hivfi. 
6 



9,000 


do. 


2,000 


do. 


4,500 


do. 


4,500 


do. 


4,500 


do. 


9,000 


do. 


2,000 


do. 


4,500 


do. 



ratliei, sky-rocket, limes, when administration is circumnavigating the 
globe, and vaulting against the heavens, to find out objects of expen- 
diture — it is the consideration of Expense ! We already have Min- 
isters, Charged' Affaires, and Secretaries, under full salaries, with all 
the Spanish American States, and we are about to institute a duplicate 
mission at a great additional cost. Here is a book which tells us some- 
thing about it. It is a little blue volume of 297 pages, filled with the 
names of about 10,000 persons who are drawing money out of the 
public treasury. Let us read a page in it. 

THE BLUE BOOK. Page 11. 

JoEi, R. PoiJfSETT, Envoy Extraordinary and Minister Pleni- 
potentiary to Mexico, S9,000 per annum 

John Mason, Jr. Secretary of Legation, 2,000 do. 

llicHARD '. Andersos, Minister Plenipotentiary and Envoy 
Extraordinary to Colombia, 

Beaufort T. Watts, Secretary of Legation, 

CoNDT Uaguet Charge d' Affaires to Brazil, 

AViLLiAM Miller, (now John Williams,) do. to Guatemala, 

John M. Forbes, do. to Buenos Ayres, 

Heman AtLEN, Minister Plenipotentiary and Envoy Extraor- 
diniry to Chili, 

Samuel Earned, Secretary of Legation, 
Charge to Peru, 

Sixty thoHsand dollars per annum for salaries, and as much more 
for outfits and contingencies, say g 120,000. Add the expenses of this 
proposed mission to that sum : 

Richard C. Anderson, &c. g9,000 per annum. 

John Sergeant, Sec. 9,000 do. 

William B. Rochester, 2,000 do. 

Twenty thousand more. Then double it for outfits and contingen- 
cies and make forty thousand. Then add the expense of equipping 
and keeping at sea, I know not how long, the ship of war which is to 
carry out our Ministers, I know not at what cost, but say 850,000, and 
add all the items together. 

We shall then find that we have ministers with all the confederates, 
under full pay, treating with these same confederates at home, or doing 
nothings while we are sending a splendid embassy to treat with these 
same States at Panama. If there is economy in this, I know not the 
meaning of the word ; it is a word indeed of which the sound, as well 
as the meaning, seems to be lost, and the mention of which at this 
time has more the air of intrusion and of interrupting the company, 
than the aspect of presenting a serious topic for consideration.* 

I now return, Mr. President, to the resolution which I have submit- 
ted. I admit that my argument goes beyond it ; but I only ask the 
Senate to vote the extent of the resolution itself. What is it? Why, 
that we CANNOT advise the President to send this Mission to Panama 
before we shall have had satisfactory information upon the character 
of the Congress, the subjects it is to act upon, the powers of the Ple- 

* Mr. Van Buren submitted a resolution in the Senate, importing, that it would 
be better to order up some of these unoccupied officers to Panama, than to in- 
stitute a new mission. But his resolution was rejected, 24 to 19, being the santli^ 
vote as on the main (j^u,estion. 



nipotentiarie.s, the mode of organizing the body, and its mode of c/e- 
ciding questions.* It seems to me, that the only answer which could 
be admissible against this resolution, would be an allegation unfound- 
ed, and therefore, not urged, that we have the information already; 
for it is contradictory to ask us for advice^ and to withhold the state- 
ment of facts upon which alone we could give advice. Instead of this, 
we are urged to give the advice instanter, and by way of consolation, 
we are asked, " Have you not confidence in the President?" Then, 
I say, let him act on his own responsibility, not mine. Let him com- 
mission his ministers, as he said he would, and be the consequences 
/«■*, not ours. He says that he has the power; then exercise it! 
Why persist in dragging the Senate at his heels ? — But what will be 
the effect of adopting my resolution ? Will it defeat the mission ? 
Not at all, sir. It will only postpone it for information which we have 
a right to expect by every arrival from the seat of the Congress, or 
from the cities of the neighbouring Powers. The Congress was in 
session on the first day of November last. So says Mr. Obregon, in 
his letter of the third of that month. This is four months ago. Since 
that time, we have had news from the confines of Asia, not only upon 
the straight line, but round by the head of the Borysthenes, the Gulf of 
Finland, and the Baltic sea. The Emperor Alexander died at Tagan- 
rock, on the borders of the Sea of Azoph, twenty days posterior to 
the meeting of this Congress, and we have had intelligence of his 
death, even by the way of Moscow and St. Petersburg, forty days 
ago. Must we not, then, soon hear from our neighbours at Panama? 

* It will be recollected that these are the President's own woi-ds, as commu- 
nicated by him in Mr. Clay's report accompanying' the Message of December 25th. 
Jn his Message to the House of Representatives, he seems to have changed ground 
entirely upon this point. Far from wanting "satisfactory information" any longer, 
the idea of it is turned into ridicule. The " indefinite' nature of the measure 
becomes a " cogent reason for its adoption" But let the two messages speak for 
themselves. Here they are. 



JMessage to the Senate. 

" I stated to you, by direction of the 
President, that it appeared to him to be 
necessary, before the assembling of 
such a Congress, to settle between the 
different Powers to be represented se- 
veral /"■e&Vnj/jary points, such as the sub- 
jects to which the attention of the Con- 
gress should be directed the substance 
and the/uvm of the poivers to be given 
to the respective representatives ; and 
the mode of orgaiiizing the Congress ; 
and that, if these points should be satis- 
factorily arranged, the President would 
be disposed to accept, in behalf of the 
United States, the invitation with which 
you were provisionally charged." 

" Precision ofa judicial sentence— exactness of a mathematical demonstration " 
This ridicule cannot fall upon tlie "Nineteen." — They only asked for "satisfac- 
tort/ information," such as ttie Prcsldant himself asked for from April dH' May up 
to tUe 30th day of November. 



Jtfessuge to the House of Representatives. 

" It has, therefore, seemed to me un- 
necessary to insist, that every object to be 
discussed at the meeting should be spe- 
cified with the precision of a. Judicial sen- 
tence, or enu'nei'ated with the exactness 
oidLinathematicaldemonstration The pur- 
pose of the meeting itself is to deliberate 
upon the great and common interests of 
several new and neighbouring nations. 
If tlie measure is new and without pre- 
cedent, so is tiie situation of the parties 
to it. That the purposes of the mec ling 
are somewhat indffnite, far from beii^.g an 
objection to it, is among the cogent reasons 
for its adoption . 



44 

But some gentlemen seem to consider this Congress as a feast* 
which may be over before the distant guests arrive, unless they hie 
away with all possible speed. Not so the fact. It is not to be over 
so soon. Whether it is to be a ^'' Love -feast" or a feast of the La- 
pitha and Centaurs^ is not for me to foreknow and foretell, but one 
thing is certain — it is not intended to be over in a day. It is intend- 
ed to last /or ever .' and surely a thing which is intended to be eter- 
nal, will last long enough to give us a little time for reflection before 
we rush into it. But it is further said that something may be done 
to our detriment before we arrive. Not so the fact. Look to Mr, 
Obregon's letter of November 3d. the one last quoted. He says th6 
Congress is in session, and that they ^'■luillbe engaged ufion the fireli' 
minary rules of the Assembly." Why, sir, these preliminaries and 
these rules, are the very things we want to know; the same for a 
knowledge of which the President stipulated, before he would ac- 
cept the invitation; the same for v/hich my resolution proposes to 
wait : and shall we not wait a few days, weeks, or even months, to 
receive such important and long desii-ed intelligence ? 

These preliminary rules being agreed upon, what next? Why 
Mr. Obregon goes on to inform us that the Congress will then be 
occupied upon '' questions exclusively belonging to the belligerents,** 

" Questions exclusively belonging to the Bklligerents 1" Now, 
Mr. President, amidst all the contrarieties of fact and opinion 
which prevail on the subject of this Congress, there is one point, at 
least, upon which the whole of us agree, President, Secretary, Min- 
isters, friends and enemies to the mission, in the House and out of 
the House, all, all agree in this one point. And what is that ? Why, 
sir, that we have nothing in the world to do with " questions be- 
longing ExcLt'sivELY to the belligerents." Why, then, not suit the 
action to the word ? Wliy not wait a little while for tiie question to 
be disposed of? Why rush forward to commit our neutral charac- 
ter upon a discussion of belligerent questions in a council of war? 
And here I will bring out the suggestion which I huve hinted at 
before. I intimated that the confederates did not wish our Minis- 
ters to be be present at the forepart of this Congress. In making 
this suggestion, I went upon the obvious principle that they did not 
want counsellors to dissuade them from doing what were determin- 
ed to do, and what any skilful and capable belligerents will do — 
carry the ivar into the enemy's country — invade Cuba, Porto Rico, 
the Canaries, the Phillipines, and Old Spain herself, upon her own 
coasts, and within the Pillars of Hercules ! and for the truth of this 
suggestion, I now hold the proof. Mr. Obregon's letter furnishes 
it. He tells us that the belligerent questions are now under discus- 
sion ; that they concern the confederates " exclusively;" and what 
stronger intimation could a gentleman give that the time has not 
arrived for us to go to the Congress, and that we should be ex- 
cluded jf now there ? 

But, gentlemen say that we shall be anticipated, and counteracted, 
if we do not send immediately ; that a Power, which never sleeps 
when her interest is at stake, will be before us with her operations 
upon the Isthmus. Granted, sir, because that nation will do what 



45 

we ought to have done, send an agent, without diplomatic character 
or privilege. " La Senora de las JVacioness" will, doubtless, be there ; 
not in the questionable and clumsy shape of a formal embassy,* but 
in the active, subtle, penetrating, and pervading fnrm of unofficial 
agents, speaking the language of the country, and establishing them- 
selves on the basis of social iutercousre in every minister's family ; 
and this is precisely what we should have done. We should have 
sent an agent, as President Washington sent Gouvereur Morris to 
London, in 1790, or a commissioner, as President Monroe sent 
Messrs. Rodney, Prevost, and Brackenridge, to South America, in 
1817. This Panama mission is acase for agents, and not for ministers. 
Every object to be accomplished by ministers might have been ac- 
complished by agents or commissioners — the greater part of the 
expense saved, and the breach of the Constitution and of the law of 
natiOns^voided. Agents or commissioners, could have expressed 
our good"\Hshes, made explanations, held consultations, given ad- 
vice, zy reywefi^rf, and sent home reports of all they saw and did. 
This is all that either of the Senators propose the^ ministers to do : 
for they agree, with us, that they cannot negotiate treaties. The 
name of Agent, or Commissioner, would not have prevented the 
first citizens of the Republic from going out on this service. Mr. 
Gouverneur Morris was not inferior to Messrs. Anderson or Ser- 
geant in point of talents, yet, upon the letter of President Washing- 
ton, without diplomatic character or privilege, or ambassadorial out- 
fitf he held conaultations with the Duke of Leeds and Mr. Pitt, trans- 
mitted the result to his own Government, and paved the way for the 
commercial treaty which followed. And this did not degrade Mr. 
Morris, who had been a member of the old Congress, deputy in the 
Convention which framed this Constitution, and member of this Se- 
nate under the Constitution, nor prevent him from being appointed 
soon after Minister Plenipotentiary and Envoy Extraordinary to 
Louis the 16th. So, of Mr. Rodney, and of his rank of Commis- 
si6>ner to South America, which did not prevent him from becoming, 
afterwards. Senator, and Minister. 

I think, Mr. President, that enough has now been said, surely, 
enough until some part of it is refuted — to justify the Senate in 
withholding its advice to the President to send these Ministers to 
the Congress at Panama. I admit that Congress to be a wise mea- 
sure for the Spanish American States, as our Congress was a wise 
one for us in 1778 ; but it is impossible for us to advise this mission 
in any of the various forms, or under any of the names and colors, in 
•which it has been presented to us. We cannot send Ministers into 
the Congress, for that would make us a party to it ; we cannot send 
them to it ; for they are not sovereign to receive them ; we cannot 
send them to act -mth it, for that is an organized body, and our min- 
isters will be individual; we cannot send them to hang about it, and 
talk, and remit home accounts of consultations ; for they are accre- 

* This was spoken in the Senate on the 18th. Two weeks afterwards we re- 
ceived information that Mr. Dawkins, British Commissioner, was on his way to 
Fanama. Cimmisiioner, not Minister, 



dited to naiioNd, andcanuot sink to the condition of unofficial agents 
and lobby ministers. 

But the mission is said to be popular. Certainly it is exhibited 
under forms to catch the public favor. Religion, Liberty, and Com- 
merce ! Such are the banners under which it goes forth ! Banners 
well calculated to draw after them a crowd of followers from every 
walk and station in life. The prospect of a political crusade against 
the " bigotry and ojifiression" of the Roman ('atholic church, must 
warm the hearts and command the benedictions of every religious 
sect in the Union. Even the Unitarians, who are not Christians, 
must be struck with joy, and filled with delight, at beholding it. 
The institution of a sacred Alliance of Republics, to counterpoise 
the Holy Alliance of Kings, must fire the souls of all the votaries of 
Liberty, The generous Republicansof the West must be particu- 
larly inflanied by it. Then comes commerce with her golden train, 
to excite the cupidity and to fire the avarice of the trading districts. 
New Orleans, Charleston, Baltimore, Philadelphia, New- York, and 
Boston, must see their riches suspended upon the issue of this mis- 
sion to the Isthmus. In a word, every section of the country ; moun- 
tain, valley, and sea-coast ; every class of citizens, and all denomina- 
tions of religious sects, must find something in it to suit their par- 
ticular taste, and to accommodate their individual wishes. It will 
be to no purpose that Prudence, in the for™ of a Senatorial minori- 
ty, shall come limping on behind, and endeavouring to prove that 
all these expectations are vain and illusory. Cold calculation will 
avail nothing against the fascinations of Religion, Liberty, and Com- 
merce. Two of these objects alone, so far back as three hundred 
years ago, precipitated the Old upon the New World — fired the 
souls of Cortes, Pizarro, and their followers ; overturned the thrones 
of Montezuma and the Incas, and lighted up a flame in which the 
' Children of the Sun' were consumed like stubble. What, then, 
may not be expected when, to the inspirations, and the glitter of 
these two objects, are added the noble impulsions and the brilliant 
attractions of Liberty ? But great as are all these causes of popular 
excitement, the success and popularity of the mission is not allowed 
to rest exclusively upon them. The terrors of denunciation are su- 
peradded to the charms of seduction. Those who cannot be won by 
caresses, must be subdued by menance. A body co-ordinate, and 
bodies not co-ordinate, have been set in motion against the Senate, 
Loud clamors beset our walls. The cry o^^^ faction" — " opposition" 
— " unprincipled " resound through the streets. Woe to the Senator 
that hesitates I Woe to him that refuses his advice ! Woe to him 
that asks for information before he gives it ! To withhold advice, 
i« to deny confidence ; to deny confidence, is to oppose toe Ad- 
ministration ; to oppose the Administration is to commit a crime of 
the greatest enormity ; for the instant punishment of which, the air 
itseif seems to be alive and filled with avenging spirits. 

I have now finished, Mr. President, what I had to say. I do not 
mean to recapitulate. I am no enemy to the new Republics to the 
South. On the contrary, I have watched their progress with all the 
so|icit.jtde of 9, partizari and all the enthusiasm of a devotee, from thr 



47 

ilrst ii-npulsion at Buenos Jyrea, In 1806 and at 'DoZorw, in 1808, 
down to ihe '^ crowninff mercy" at jiyachuco^in 1824. I saw with 
pride and joy the old Castilian character emerging from the cloud 
under which it had been hid for three hundred years. "When first 
on this floor in 1821 — -'2, 1 voted for the recognition of the new Re- 
publics — I gave my vote with a heart swelling with joy for the 
greatness of the event, and with gratitude to God that he had made 
me a witness to see, and an instrument to aid it. "Whether these 
Republics shall be able to maintain their independence, and the free 
form of their Governments, is not for me to say, nor is the decision 
of that question material to my decision of this, I wish them to be 
free and Republican, and I shall act upon the presumption that they 
are to be so. I wish for their friendship and commerce, and to ob- 
tain these advantages, I have advised the sending of ministers to 
all the States; no matter bow young and unimportant, and would 
now advise an agent or commissioner to be sent to Panama. I will 
not despair of these young Republics. Under all their disadvan- 
tages, they have done wonders. The bursting of the chains which 
bound them to Old Spain, and the adoption of our form of Govern^ 
ment, is a stupendous effort for a People sunk for ages in civil and 
religious despotism. Bolivar, Victoria, Bravo, and a host of 
others, have deserved well of the human race. They have fixed the 
regards and the hopes of the civilized world. I trust that these 
hopes will not be disappointed ; but in this age of miracles, when 
events succeed each other with so much rapidity ; when the diadem 
has been seen to sparkle on the brow of the Republican General, it 
is not for me to hail any man as Washi»gtow ujitiJ he shR41 h-Jive 
been canoniaed by the seal of de«tii. 



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